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Ms Dharampal Satyapal Ltd And Anr vs Food Safety Officer on 13 December, 2022

22. Admittedly, as per the Food Analyst Report, the product "Royal Zafrani Zarda" is a flavoured/scented tobacco. The physical description of the product has been described as "Brown color sample of tobacco containing Metal leaves and flavours peculiar to saffron. The sample is flavoured chewing tobacco as it contains food ingredients like silver leaves flavours and saffron alongwith tobacco." As observed above, the issue in question is no more res intergra. Regulation 2.3.4 of Food Safety and Standard (Prohibition & Restriction on Sale) Regulation, 2011 is not applicable in the present case. Notification No. F211(17)/DOFS/ HQ/2017/1293-1313 dated 15.07.2020, allegedly violated by the petitioners, has also been quashed by this Court in Sugandhi Snuff King Pvt. Ltd. (supra).
Delhi High Court Cites 28 - Cited by 0 - S K Sharma - Full Document

The Designated Officer vs Jayavilas Tobacco Traders Llp

12.1. This leads us to the last but not the least question as to the scope of the power of the Commissioner of Food Safety to impose a ban on sale of tobacco and tobacco products. Considerable reliance is placed by the learned Senior Counsel for the petitioner in the Writ Petitions and the respondent in the Writ Appeal on the judgment of the Delhi High Court in 38/48 https://www.mhc.tn.gov.in/judis W.A.No. 2093/18 and WP Nos.3076 & 3084 of 2019 Sugandhi Snuff King Pvt. Ltd. and Another v. Commissioner (Food Safety) Government of Delhi, wherein the scope of the provisions of Section 30(2)(a) read with the provisions of Section 2.3.4 of the Regulations was considered.
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