(4)-WP-9336-26.odt PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9336 OF 2026 M/s. JNTL Consumer Health (India) Pvt. Ltd. & Anr. ...Petitioners Versus Government of Maharashtra & Ors. ...Respondents ... Dr. Birendra Saraf, Senior Advocate a/w Mr. Harsh Hiroo Gursahani, Mr. Suhaan Mukerji, Ms. Pragati Mishra & Mr. Shubhank Patel i/by PLR Chambers, for the Petitioners. Mr. P. P. Kakade, Addl. GP a/w Ms. P. J. Gavhane, AGP for the Respondents – State. ... CORAM : RAVINDRA V. GHUGE, ACJ. & GAUTAM A. ANKHAD, J. DATE : 31st AUGUST, 2026. P.C.: 1. We have heard the learned Senior Advocate, Dr. Birendra Saraf, on behalf of the Petitioners and the learned Additional Government Pleader, Mr. Kakade on behalf of the Respondents, State. On 18th August, 2026, we had passed the following order:- “1. List this Petition ‘High on Board’ on 31st August, 2026 in the ‘Urgent Admissions Category’. Parties may note that the matter would not be adjourned. 2. The learned Additional Government Pleader submits, on instructions from the Officers present in the Court, that in the meanwhile, if the Petitioners desire, the words ‘Electrolyte Drink’ appearing on the packaging, may be 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.01 11:19:07 +0530 (4)-WP-9336-26.odt camouflaged and the seized products worth Rs.2.5 crores, can be sold in the market by the Petitioners.” 2. The learned Senior Advocate for the Petitioners has relied upon two email communications dated 4th May, 2026 and 5th May, 2026. Both are taken on record and collectively marked as ‘X-1’ for identification. He has then relied upon an interim order passed by the Single Bench of the Delhi High Court dated 7th July, 2026 and the judgment dated 25th August, 2026 delivered in Writ Petition (C) No. 8602 of 2026 (FDC Limited Vs. Union of India & Anr.). He has also relied upon the affidavit-in-reply filed by the Respondent, Joint Commissioner (Food), Konkan Division, dated 14th August, 2026, more specifically paragraph No.4, in the light of the observations of the Delhi High Court in the interim order dated 7th July, 2026 in FDC Limited (supra), more particularly, paragraph 6, which indicates that the communication ‘X-1’ was just a regulatory position for information and coordination and did not itself direct any specific act of seizure. 3. The learned Additional Government Pleader, Mr. 3. The learned Additional Government Pleader, Mr. Kakade has canvassed his submissions in the light of the affidavit-in-reply and has placed reliance on the judgment of the Division Bench of the Delhi High Court in the matter of JNTL Consumer Health India Pvt. Ltd. Vs. Union of India, 2025 SCC OnLine Del. 10553. 2 (4)-WP-9336-26.odt 4. The learned Senior Advocate for the Petitioners pointed out that the Petitioners have already indicated to the Department, vide communication dated 15th July, 2026, that the labels would be replaced in tune with the dictate of the Department with effect from 1st August, 2026. Accordingly, Petitioners have abided by the directions of the Department and have changed the labels. 5. Insofar as, the seized stock, which is already packaged in tetra packs, valued in money to the tune of Rs.2.25 crores approximately, he submits, on instructions from the Petitioners, that this seized stock, which is preserved by the Petitioners under the orders of the Department, would be taken outside the State of Maharashtra for sale. While relying upon the interim order of the Delhi High Court as well as the final order in FDC Limited (supra), he points out that the Delhi High Court has given eight months time to the said Petitioner to dispose of the seized stock. The present Petitioners are seeking a period somewhere between 75 days to 90 days for the disposal of the said stock outside the State of Maharashtra. 6. The learned Additional Government Pleader sought a passover and after fresh instructions, submits that the concerned Officer has instructed him to say that the said seized stock should be disposed off by the Petitioners outside the State of Maharashtra. A proper inventory should be maintained to indicate the seized stock that has been transported and sold. 3 (4)-WP-9336-26.odt 7. The learned Senior Advocate submits that in view of the above, as the seizure has been lifted by permitting the disposal of the seized stock outside the State of Maharashtra, this Petition may be disposed off. The learned Additional Government Pleader, on instructions, has no objection. 8. In view of the above, the statements made are recorded. This Petition is disposed off, since the effect of the impugned seizure order has concluded. 9. It goes without saying, now that the Petitioners have prepared new tetra packs for packaging the same food item, there would be no reason for the Department to initiate coercive steps against the Petitioners in view of the seized stock, which is now to be disposed off outside the State of Maharashtra, if some stray packages are found on the shelves of some shops or at the end of the distributors. [GAUTAM A. ANKHAD, J.] [ACTING CHIEF JUSTICE] 4