North East Pure Drinks Pvt. Ltd. & Anr. v. Union of India
2016-05-17
AJIT SINGH, SUMAN SHYAM
body2016
DigiLaw.ai
Ajit Singh; CJ.:-- 1. The petitioner is engaged in the business of manufacturing reusable/returnable glass bottles, which are used for bottling liquid concentrate purchased from the designated concentrate suppliers. 2. By this petition, the petitioner has prayed for quashing of notification dated 19th September, 2008, bearing No. GSR 664(E) and corrigendum notification dated 27th February, 2009, bearing No. GSR 135(E). 3. The abovementioned impugned notifications have been issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare), Government of India, directing the nutritional information and list of ingredients of the product to be declared on the glass bottles manufactured after March 19, 2009. 4. This court, by an interim order dated 15.6.2009, directed the respondents not to take coercive action against the petitioner pursuant to the impugned notifications until further orders. 5. Now the petitioner, with a liberty to make representation within 15 days from today to the Food Safety and Standards Authority of India, New Delhi for allowing it to continue reusable/returnable glass bottles, which are currently in the market for certain more period, prays for withdrawal of the present petition. The petitioner also prays that till the decision of representation, the interim relief granted, be directed to continue. Mr. S.C.Keyal, learned Assistant Solicitor General of India, appearing for the respondents, has fairly agreed to these prayers of the petitioner. 6. We, therefore, with the consent of learned counsel for the parties, grant liberty to the petitioner to make representation, as mentioned above, alongwith a copy of this order, within 15 days from today, to the Food Safety and Standards Authority of India, New Delhi. We also direct the Food Safety and Standards Authority of India to decide the representation so made positively within 45 days from the date of its receipt and till the decision of representation or 45 days, whichever date is earlier, interim relief granted to the petitioner, shall continue. It is made clear that if the petitioner fails to make representation within 15 days, it will not be entitled to the benefit of interim relief and the respondents will be free to take action immediately. With the above liberty and direction, the petition is dismissed as withdrawn.