VITAL NUTRACEUTICALS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD .

(2.) RULE . Rule is made returnable forthwith. Respondents waive service. By consent of parties, matter is taken up for final hearing.

(3.) BY this Petition which is filed under Article 226 of the Constitution of India, Petitioners, inter alia, are seeking an appropriate writ, order or direction for striking down or declaring as null and void all the the advisories which have been issued by Respondent No.2 and more particularly an advisory dated 11/05/2013 primarily on the ground that Respondent No.2 does not have power or authority to issue these advisories which have an effect of amending Regulations which have been framed under section 92 of the Food Safety and Standards Act, 2006 and that they are illegal and without any statutory force; they being issued neither under section 92 of the Act nor having been in consonance with section 16(2) and 18(2)(d) of the Act. On the other hand, it is contended by the learned Counsel appearing on behalf of Respondent No.2 that Respondent No.2 Food Safety and Standards Authority of India has a power and authority to issue these Advisories by exercising power vested in it under sections 16(1) and 16(5) and under sections 18 and 22 of the Act and that they have been issued while exercising functions of the Chief Executive Officer under section 10 of the said Act. It is also contended that it is also in consonance with Regulation 2.1.2 and 2.1.7 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.