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2009 DIGILAW 359 (SC)

SWADESI JAGARAN MANCH v. STATE OF ORISSA

2009-02-19

MARKANDEY KATJU, R.V.RAVEENDRAN

body2009
ORDER Writ Petition (Civil) No. 80 of 2006 1. The petitioner has challenged the Notification dated 17-11-2005 whereby the Prevention of Food Adulteration Rules, 1954 have been amended to add Rule 44-I. The grievance is that Section 23 of the Prevention of Food Adulteration Act, 1954 enables the Central Government to make rules prohibiting the sale of any substance which may be injurious to health when used as a food or restricting in any manner its use as an ingredient in the manufacture of any article of food. 2. It is contended that the counter-affidavit of the Union of India and reports of experts show that consumption of non-iodised salt is not injurious to health, and if so, such a rule could not have been made in exercise of the rule-making power under Section 23. 3. At this stage, the learned counsel for the Union of India seeks time to secure instructions. Adjourned by three weeks to enable him to seek instructions and to file an additional affidavit giving detailed particulars as to the circumstances in which the sale of non-iodised salt for human consumption is prohibited. Court Masters