VITAL NUTRACEUTICALS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By an order dated 28/01/2014, we had requested the Hon'ble Chief Justice to refer the points of reference which were framed by us either before the larger Bench or before the third Judge of this Court. Following points of reference were framed by us:-

(2.) So far as point of reference No.(1) above is concerned, one of us viz. V.M. Kanade, J. had taken a view that these Advisories, particularly the Advisory dated 11/05/2013 pertaining to product approval does not have force of law. Similarly, so far as point of reference No. (2) above is concerned, it was held by one of us viz. V.M. Kanade, J. that Respondent No.2 - Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections 18 and 22 of the Act without following the procedure laid down under sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament. Brother G.S. Kulkarni, J., however, did not agree with the view which was taken by one of us viz. V.M. Kanade, J. The matter was thereafter referred to the third learned Judge viz. Ranjit More, J. who was pleased to pronounce his view on 30/06/2014. Our brother the third learned Judge Mr. Justice Ranjit More has concurred with the view taken by one of us viz. V.M. Kanade, J. and has observed in para 32 of his Judgment as under:-

(3.) In view of the said observation, our learned brother Mr. Justice Ranjit More has agreed with the view taken by one of us viz. V.M. Kanade, J.