Jammu & Kashmir High Court - Srinagar Bench
Mushtaq Ahmad Shah vs State Of J&K And Others on 6 October, 2020
Bench: Chief Justice, Puneet Gupta
1
S. No. 205
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. 23/2018
(Through Video Conferencing)
Mushtaq Ahmad Shah
.... Petitioner.
Through: None.
v.
State of J&K and others
.... Respondents
Through: Mr. Shah Aamir, AAG, with
Ms. Sharaf Wani, Advocate.
Mr. T. M. Shamsi, ASGI.
Mr. Salih Pirzada, Advocate in CM No. 4984/2020
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
06.10.2020
1. This writ petition was filed in the public interest seeking the following prayers:
"i. Issue a writ of certiorari quashing Circular no HD/Coord/27/2017 dated 24.07.2017 & ORDER NO DivCom/Dev/98-A/2018/2979-94 dated 10.05.2018 issued by the respondents 1 & 2 respectively.
ii. Issue a writ of mandamus directing the Respondent to permit the use sale and manufacture of Electronic Nicotine Delivery Systems ("ENDS") if necessary by framing necessary regulations for this purpose;
iii. Constitute a committee with expert panel to conduct a proper research/study/analysis of ENDS and thereafter formulate rules, regulations and guidelines for use and sale of ENDS in J&K, iv. Award costs of the Petition, and v. Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."SYED TASADUQ QADRI 2020.10.12 11:16 I attest to the accuracy and integrity of this document 2
2. On 19th of August, 2020 we had noted as follows:
"1. Further time is sought by Mr. T. M. Shamsi, learned ASGI, to file the reply. Let the same be filed within six weeks from today.
2. We are informed by Mr. Salih Pirzada, learned counsel for the applicant in CM No. 4894/2019, that the Government of India has enacted a statute called the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 (Act No. 42 of 2019) which has been published in the Gazette of India dated 05 th of December, 2019 prohibiting electronic cigarettes (e-cigarettes).
The prayer made in the writ petition thus appears to be satisfied.
3. The petitioner is not present today."
3. The prayers made by the writ petitioner appear to have been satisfied. The Government of India has enacted a statute called the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 (Act No. 42 of 2019) which has been published in the Gazette of India dated 05 th of December, 2019 prohibiting electronic cigarettes (e-cigarettes).
4. There was no appearance on behalf of the petitioner on 19th of August, 2020 when noticing the above fact the matter was adjourned for today in the interest of justice.
5. The Government of India has therefore issued the legislation prohibiting use, sale and manufacture of electronic nicotine delivery system.
6. Clearly, the writ petitioner has lost interest in prosecution of the instant case.
7. This writ petition is dismissed as satisfied.
(PUNEET GUPTA) (GITA MITTAL)
JUDGE CHIEF JUSTICE
SRINAGAR
06.10.2020
TASADUQ
SAB:
SYED TASADUQ QADRI
2020.10.12 11:16
I attest to the accuracy and
integrity of this document