IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION No.32112/2013 (GM-RES) BETW EEN BETWEEN SRI VENKATESHWARA PAN MASALA INDUSTRIES PRIVATE LIMITED NO.335, SANGLI-KOLHAPUR BYE-PASS ROAD DHARANGUTTI POST, SHIROL TALUK KOLHAPUR DISTRICT MAHARASHTRA STATE BY ITS PROPRIETOR SRI RAJENDRA BABULAL MALU S/O BABULAL LAXMINARAYANA MALU AGED 52 YEARS NOW RESIDING AT NO.13 2ND FLOOR, FLAT NO.201 SURYASTHAN, ANDREE ROAD BANGALORE-560 027.
... PETITIONER (BY SRI MAHESH R. UPPIN, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH AND FAMILY WELFARE VIKASA SOUDHA, BANGALORE-560 001.
2. THE FOOD SAFETY COMMISSIONER FOR KARNATAKA AND COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES PUBLIC HEALTH INSTITUTE SESHADRI ROAD, BANGALORE-560 001.
3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE “NIRMAN BHAVAN “C” WING, NEW DELHI-110 001.
... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 AND R2;
SRI C. ASWATHAPPA, CGC FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 30.05.2013 ISSUED BY RESPONDENT NO.2 HEREIN AS PER ANNEXURE-A AS ULTRA VIRES THE PROVISIONS OF FOOD SAFETY AND STANDARDS ACT, 2006 AND THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROBHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT 2003 AND THE JUDGMENT OF THE HON’BLE SUPREME COURT RENDERED IN 2004(7) SCC 68 AND FURTHER BEING UNCONSTITUTIONAL AND ILLEGAL IN SO FAR AS THE GOODS MANUFACTURED BY THE PETITIONER ARE CONCERNED WHICH ARE SCHEDULED UNDER THE COTPA, ETC.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner has filed a memo dated 07.01.2019 for withdrawal of the writ petition as not pressed.
2. The memo is placed on record.
3. The petition is dismissed as withdrawn.
Sd/- JUDGE Sbs*/ssd