S.B.Sinha, ACJ. - (1.) This application in the nature of Public Interest Litigation has been filed by one Shilpi Banerjee who is said to be a social activist, interested in economic growth of the country. According to the petitioner for the use of tin containers the Government issued a circular on 9th March 1993 specifying therein that 15 kgs. Of containers for packaging Vanaspati, the quality of the tin should conform to the standard of I.S.I. 10325-1982.
(2.) In the application, it has been stated that Vanaspati Oils are being packed in the tin, which do not conform to the provision of the said order. The petitioner in the aforesaid premises has prayed for the following reliefs: - "(a) Writ in the nature of mandamus do issue- (i) Immediately commanding the respondent Nos.1, 2, 3, 4, 5, and 6 and each of them to modify rescind withdraw and/or cancel the floor-pricing policy of tinplates/TFS as per Commerce Ministry's Notifications Nos.34 and 35 (RE-98) 1997-2002 dated 10/11th December, 1998 but only strengthening the same by plugging any loop-holes; (ii) Directing that the import of tinplates/TFS secondaries, especially misprint, should be listed under the Banned List or Restricted List strictly under the Actual User stipulations; (iii) import and other allied duty should be enhanced on tinplates/TFS secondaries vis-a-vis prime; (iv) floor price of import of tinplates/TFS secondaries which has been recently fixed by Government of India should be revised higher to discourage such import. At least, lowering of same should be forbidden; (v) liberal view should be taken for imposing antidumping/safeguard duty on imports of tinplates/TFS prime and tinplates/TFS secondaries (non-prima); (vi) All plastic containers for packaging Edible Oil and Vanaspati must be made from food grade, biodegradable plastic having ISI mark. (vii) to prosecute and/or impose penalty upon any defaulter of the Government policy; (b) Writ in the nature of certiorari directing the respondents Nos.1 to 9 and each of them to certify the records and documents concerning such policy as subject of this writ and to transmit the same to this Hon'ble Court so that upon consideration of the same considerable justice can be made; (c) a writ in the nature of prohibition; (i) prohibiting the respondents from using and/or making it sure that no second-hand/recycled and non-prima materials be used for any food packaging and that such packages should be made out of prime tin-plates only and/or prohibiting use of the containers made out of second hand recycled tins and/or seconds by recycling process; (ii) Prohibiting the respondents from allowing use of any tinplate containers in food packaging without having ISI marks; (iii) Prohibiting any use of recycled tin containers for food packaging by directing the State Government to implement Gazette Notification No. GSR 575(E) of 4th August 1995 in letter and in spirit. (iv) Prohibiting packaging edible oil and vanaspati in any sub-standard plastic material without ISI mark; (d) Injunction restraining the said respondents from allowing any package of food articles to be made out of recycled tin containers and/or new containers made of seconds, waste-waste, misprints or defective tinplate/TFS;"
(3.) With a view to ensure quality of packaging the Vanaspati product, various Notifications were issued from time to time. The first of such Notification is dated 25th November, 1985 in terms whereof, the stock or sale of vegetable oil products were prohibited unless such products were packed in containers of the type, size and description specified in the schedule appended thereto. It was further stated that 15 Kg. square tin for vanaspati and edible oils should conform to IS-10325 as would appear from Item No.1 of the schedule appended thereto.;