HC stays provision banning addition of synthetic colours to sweets, issues notices to authorities

HC stays provision banning addition of synthetic colours to sweets, issues notices to authorities

ORDERING notice 10 the respondents - Union Health and Family Welfare Secretary and State Government to show cause in 3 weeks, in reply to the writ petition filed by Abhinav Food Products Limiteds Director, Sushil Kumar Agrawal against Clause 6(ii) of the Regulation 3.1.2 framed under the Food and Safety Standards Act. 2006. to the extent it excludes certain sweets and not all sweets from addition of synthetic colours. This provision is identical to the amended Rule 29 of the now repealed Prevention of Food Adulteration Act. 1954 and the same provision was also stayed by the Court on September 20. 1999. in response to the same company's petition filed in 1997 and disposed of today.

The impugned Regulation was brought into force with effect from August 1.2011. The petitioner has attacked the prohibition on adding colours to certain sweets and not all sweets as unconstitutional on the ground of it discriminating between sweets for adding colours, this prohibition has no nexus with the objective it seeks to achieve and it also violates the petitioner's Fundamental Rights under Articles 14 and 19( I Kg) of the Constitution. Senior counsels. P. Dharmadhikari appeared with Advocate C.S Dharmadhikari appeared for the petitioner. Asst. SGI Rohit Deo (Central Govt, land AGPSangeeta Jachak (State) represented the respondents.

Posted in: News 2014