RAJIV KUMAR GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the directors of a company called "dharampal Satyapal Limited" (for short, "the said Company") incorporated under the provisions of the Companies Act, having its main office at Delhi and Godown/office at anjur Road, Rahnal Bhiwandi, Thane. The said Company is the manufacturer of panmasala and is selling the same under the brand name "rajnigandha" all over India.

(2.) The controversy in the present writ petition revolves around the panmasala "rajnigandha". The Government of maharashtra by its Notification published in the official gazette dated 23/7/2002 banned distribution and the sale of panmasala in the State of Maharashtra for a period of five years from 1/8/2002. The hon'ble Supreme Court of India by its judgment in Godawat Pan Masala Products I. P. Ltd. V. Union of India (2004) 6 JT (SC) 179 : (AIR 2004 SC 4057) struck down the said notification. The State of Maharashtra, thereafter by an order dated 29/1/2005 have decided to permit the manufacture and sale of gutka and panmasala on certain terms and conditions and subject to provisions of the Prevention of Food Adulteration act, 1954 (for short, the Food Adulteration act") and the Prevention of Food adulteration Rules, 1955 (for short, "the said Rules") and such other connected provisions.

(3.) The Joint Commissioner of Food and drug Administration (for short," the Food (Health) Authority") , appointed by the government of Maharashtra, controls grant the permission and/or licence to manufacture and/or sale of such panmasala like "rajnigandha" in Maharashtra. The said company, therefore, by an application dated 28/2/2005 applied to the Joint Commissioner of Food and Drug Administration for permission to sell their product "rajnigandha" in the State of Maharashtra.