AJAY KUMAR Vs. GODFREY PHILLIPS INDIA LTD

JUDGEMENT

(1.) The grievance of the petitioner is that the respondent - M/s. Godfrey Phillips India Ltd. are the manufacturer of "Red & White" cigarette is involved in unfair trade practice by firstly, advertising with a smiling face of a smoking film actor Akshay Kumar and high lighting "Red and White Peenay Walon Ki Baat Hi Kuchh Aur Hai" in very bolder letters as compared to 'statutory warning' which is just about legible and secondly by organizing a "Red & White Bravery Awards".

(2.) It is submitted that the advertisement C-l and Bravery Award C-II violate Sub-section (2) of Section 6 of the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, which provides as under: "No package of cigarettes or its label or any advertisement relating thereto shall contain any matter or statement which is inconsistent with, or detracts from the specified warning."

(3.) It was further contended that his appeal was dismissed without hearing him on the two grounds: