SREE ANNAPOORNA AGRO FOODS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, who is a registered manufacturer of vegetable oil products. They are manufacturing the same in the name and style of M/s.Sree Annapurna Agro Foods. In this writ petition, they have chosen to challenge the Rule 7(2) of the Blended Edible Vegetable Oils (Grading and Marking) Rules, 1991 so far as it prevents the use of common or generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the Agricultural Produce (Grading and Marking) Act, 1937 and other enactments dealing with the subject issue besides being violative of Articles 14 and 19(1)(g) of the Constitution and consequently to forbear the respondents from in any manner restricting the petitioner from using the common or generic name of the oil on the container, receptacle, pouches, packages, etc., in marketing the blended edible vegetable oils.

(2.) THIS writ petition when it came up for admission on 16.9.2010, Mr.Velayutham Pichaiya, learned Senior Central Government Standing counsel led by Mr.Raveendran, learned Additional Solicitor General of India took notice and sought time to file counter. Subsequently, the matter was adjourned for several times to enable the respondents to file counter. Initially, a counter affidavit dated 23.9.2010 was filed by the second respondent sworn to by the Senior Marketing Officer. Notwithstanding the counter affidavit and instead of taking the main matter, this court had passed an interim order on 19.1.2011 which is as follows :

(3.) THEREFORE, what is marketed is though the blended edible vegetable oil, but it was shown in the generic name as Gingelly Oil. The world "Gingelly Oil" was printed in bold letters where as the sentence "Blended Edible Vegetable Oil) was shown in small types. The picturistic description shown "Sesame" prominently. In case of Groundnut oil, the groundnuts were shown. The contents and the mixture of other vegetable oil were not revealed in the label. This kind of picturistic representation and giving the generic name as Gingelly Oil will clearly mislead the people and many time times the common persons would be duped. To prove this fact, the learned Senior Central Government Standing Counsel produced = Kg quantity of the product marking by them which was purchased from one Sri Kannan Departmental Store (P) Ltd.,, Sathy Road Branch, Erode and the bill showed the item as Gingelly Oil. In the light of these developments, the challenge made by the petitioner to the regulations will have to be considered.