- 1 - HC-KAR NC: 2025:KHC:33998-DB WP No. 17158 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.17158 OF 2017(GM-RES) BETWEEN: 1. H.H. PATEL & CO. A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT GAT NO.44/2/2/2 NEAR MATOSHREE GARDEN PISOLI, TALUKA HAVELI PUNE-411 048 THROUGH ITS PARTNER PRAVIN HIRUBHAI PATEL. 2. PRAVIN HIRUBHAI PATEL A PARTNER OF H.H. PATEL & CO. HAVING OFFICE AT GAT NO.44/2/2/2 NEAR MATOSHREE GARDEN PISOLI, TALUKA HAVELI PUNE- 411 048. …PETITIONERS (BY SRI MANVENDRA KANE W.S., ADVOCATE) AND: 1. THE UNION OF INDIA THROUGH THE SECRETARY TO THE MINISTRY OF HEALTH AND FAMILY WELFARE HAVING OFFICE AT NIRMAN BHAWAN NEW DELHI AND ALSO AT OFFICE OF THE CENTRAL GOVERNMENT PLEADER AT AAYAKAR BHAVAN NEW MARINE LINES MUMBAI - 400 020. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33998-DB WP No. 17158 of 2017 2. THE JOINT SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE HAVING OFFICE AT NIRMAN BHAWAN NEW DELHI AND ALSO AT OFFICE OF THE CENTRAL GOVERNMENT PLEADER AT AAYAKAR BHAVAN NEW MARINE LINES MUMBAI - 400 020. 3. THE SECRETARY MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION DEPARTMENT OF CONSUMER AFFAIRS GOVERNMENT OF INDIA HAVING OFFICE AT KRISHI BHAWAN NEW DELHI-110 001 AND ALSO AT OFFICE OF THE CENTRAL GOVERNMENT PLEADER AT AAYAKAR BHAVAN NEW MARINE LINES MUMBAI - 400 020. 4. THE COMMISSIONER FOOD AND DRUG ADMINISTRATION MAHARASHTRA STATE HAVING OFFICE AT SURVEY NO.341 BANDRA-KURLA COMPLEX BANDRA (EAST), MUMBAI - 400 051. …RESPONDENTS (BY SRI KUMAR M.N., ADVOCATE) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD AND DECLARE THAT THE FOLLOWING AMENDMENTS BROUGHT ABOUT THE CIGARETTE AND OTHER TOBACCO PRODUCTS (PACKING AND LABELING) AMENDMENT RULES, 2014 ("THE 2014 AMENDMENT RULES") TO THE TOBACCO PRODUCTS (PACKING AND LABELING) RULES 2008 ("THE 2008 RULES"), AS NOTIFIED BY THE NOTIFICATION NO.G.S.R.727(E) DATED 15.10.2014 (EXHIBIT B HERETO), ARE PER- SE ILLEGAL, UNJUST, ARBITRARY DISCRIMINATORY AND UNCONSTITUTIONAL AND THAT THE SAME ARE LIABLE TO BE STRUCK DOWN: (I) THE AMENDED CLAUSE (B) OF SUB-RULE (1) OF RULE 3 OF THE 2008 RULES STIPULATED THAT: (i) THE SPECIFIED HEALTH WARNING ON ALL CIGARETTE AND TOBACCO PRODUCTS - 3 - HC-KAR NC: 2025:KHC:33998-DB WP No. 17158 of 2017 SHALL COVER AT LEASE EIGHTY-FIVE PER CENT (85%) OF THE PRINCIPAL DISPLAY AREA ON BOTH SIDES OF THE PACKAGE, OF WHICH SIXTY PERCENT (60%) SHALL COVER PICTORIAL HEALTH WARNING AND TWENTY-FIVE PERCENT (25%) SHALL COVER TEXTUAL HEALTH WARNING AND SHALL BE POSITIONED ON THE TOP OF THE PACKAGE AND IN THE SAME DIRECTION AS THE INFORMATION ON THE PRINCIPAL DISPLAY AREA AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The Hon'ble Supreme Court vide its judgment dated 04.05.2016 passed in Spl. Leave. petition (C) Nos.10119- 10121/2016 transferred all matters pending before various High Courts challenging the constitutional validity of the Cigarettes and Other Tobacco Products(Packaging and Labelling) Amendment Rules, 2014 framed by the Government of India to this Court. In compliance of the said order of the Supreme Court, all writ petitions challenging vires of the Cigarettes and Other Tobacco Products(Packaging and Labelling) Amendment Rules, 2014, came to be transferred to this Court and a Division Bench of this Court heard these bunch of writ petitions and decided - 4 - HC-KAR NC: 2025:KHC:33998-DB WP No. 17158 of 2017 the same by its judgment dated 15.12.2017 in W.P.No.4470/2015(GM-RES) and other connected writ petitions. As this writ petition also came from the Bombay High Court in compliance of the directions issued by the Supreme Court, this writ petition is also disposed of in terms of the judgment dated 15.12.2017 passed in W.P.No.4470/2015(GM- RES) and other connected matters. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 10