1 IN THE SUPREME COURT OF INDIA (CIVIL APPPELLATE JURISDICTION) SPECIAL LEAVE PETITION (C) NO.33251 OF 2015 I.A. NO ___ OF 2016

IN THE MATTER OF: Food Safety & Standards Authority of India

… Petitioner

Versus M/s Nestle India Ltd. & Ors.

… Respondents

APPLICATION FOR DIRECTIONS ON BEHALF OF RESPONDENT NO. 1/APPLICANT MOST RESPECTFULLY SHOWETH: 1.

The present Application is being filed on behalf of the Respondent No. 1/Applicant, i.e. Nestle India Ltd. seeking this Hon’ble Court’s direction for destruction of the recall stock of Maggi Noodles seized/ stopped by the Petitioner herein, which have passed its shelf life.

2.

The Respondent No. 1 submits that the Petitioner herein has filed I.A. No. __ of 2016 (“Application”) inter alia seeking release of recall stock of Maggi Noodles seized by the Petitioner for its destruction by the Respondent No. 1. This Application was filed by the Petitioner in the pending Civil Appeal No. 14539 of 2016, being Nestle India Ltd. v. Union of India, whereas the seizure/ direction to stop destruction of recall stocks of the Petitioner is pursuant to proceedings, which is subject matter of SLP No. 33251 of 2015.

2 3.

Pursuant to the withdrawal announced by Respondent No.1 herein and the ban order dated 05.06.2015, the Respondent No. 1 had recalled stocks of Maggi Noodles and till 01.09.2015 had destroyed approximately (gross weight) over 38,000 tonnes of MAGGI Noodles and pursuant to the seizure/ direction to stop destruction of the Petition, had approximately (gross weight) 490 tonnes of stocks as on 01.09.2016 (corresponding to net weight 435 tonnes) pending destruction. Thereafter, 60 tonnes was received back from the market by Respondent No.1, and currently there is in the aggregate approximately 550 tonnes of stocks to be destroyed , which is presently stocked at 39 locations all over the country.

4.

This entire stock of approximately 550 tonnes is well past its ‘best before date’ and its storage is giving rise to conditions that may lead to health hazard at the said locations.

5.

The Respondent No. 1 submits that till 01.09.2015 the Respondent No.1 had destroyed approximately (gross weight) over 38,000 tonnes of MAGGI Noodles at Cement Plants notified to the Petitioner. This was done by following a procedure agreed between the Petitioner and the Respondent No. 1, the details of which are outlined below:

a.

Withdrawn/Recalled stock was transported from its locations in closed/ covered vehicles for destruction at the locations designated by the Respondent No. 1.

3 b.

Destruction took place in the incinerators of the cement plants identified by the Respondent No. 1, keeping in view the environmental requirements.

c.

Respondent No. 1 intimated in advance to the Petitioner, the locations of the cement plants and the Petitioner was to depute officials at the destruction sites, if required.

d.

As the stock was destroyed at the Cement plants an intimation / report of the same was sent by email on daily basis to the Petitioner.

e.

Certificates of Destruction issued by the cement plants and pictures of destruction were sent via email to the Petitioner on an ongoing basis.

6.

The Respondent No.1 supports the Application filed by the Petitioner in the pending Civil Appeal No. 14539 of 2015 and requests this Hon’ble Court’s permission that Respondent No. 1 be permitted to proceed to destroy the stocks pending destruction due to seizure/ direction of Petitioner, immediately, by following the procedure as stated hereinabove.

7.

That the Respondent No. 1 submits that the stocks which have passed their shelf life are a cause for health hazard, and hence the Respondent No. 1 is constrained to file the present application.

4 8.

That the present application is being filed in a bonafide manner and in the interest of justice and without any delay.

PRAYER

That in light of the above, this Hon’ble Court may be pleased to: a. Allow the Respondent No. 1 to undertake destruction of the stocks which was seized or directed by Petitioner to stop destruction, which stock have passed its shelf life;

b. Allow the Respondent No. 1 to undertake destruction of stock by following the procedure followed for destruction of over 38,000 tonnes, as stated hereinabove; and

c. Pass any other or further order/s as this Hon’ble Court may deem fit in the present circumstances, in the interest of justice.

Filed By:

(Shardul S. Shroff) ADVOCATE FOR THE RESPONDENT NO. 1/APPLICANT Place : New Delhi Date: 20.09.2016