SMOKELESS TOBACCO ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Following mixed questions of facts and law and also pure questions of law arise for determination in this case:-

(2.) The Smokeless Tobacco Association representing the Tobacco Producers and Traders has filed this writ petition to issue a writ in the nature of certiorari quashing the letter dtd. 21/9/2017 issued by respondent No.1 (Annexure 4 to the writ petition) whereby the respondent No.2 has been suggested to devise a mechanism for issuing license for sale of tobacco. Further, it has been prayed for issuance of appropriate writ, order or direction, including writ of certiorari for quashing the order dtd. 18/12/2018 (Annexure 5) and Notification No. F.16/Khadya (Vividh)/12-06/2017/05(16) Heath, Ranchi dtd. 12/1/2021 issued by the Principal Secretary-cum- Commissioner of Food Safety, Government of Jharkhand (Annexure-7). The petitioner has also prayed for consequential relief.

(3.) The petitioner is a society registered under the Societies Registration Act, 1860. It is an Association of legal entities and persons engaged in the manufacturing, trading, marketing and dealing in all forms of smokeless tobacco products.