BEFORE THE HON’BLE HIGH COURT OF NADU

IN W.P (C) NO. __ OF 20__

UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDICA

R/W. SECTION 482 OF CRIMINAL PROCEDURE CODE

IN THE MATTER OF VIOLATION OF THE CONSTITUTION OF INDICA AND

CRIMINAL MISCONDUCT

MR. C

...PETITIONERS

V.

UNION OF INDICA,
BY THE NADU ANTI CORRUPTION BUREAU

...RESPONDENTS

MEMORIAL SUBMITTED TO THE REGISTRY OF THE HON’BLE HIGH COURT OF NADU

MEMORIAL ON BEHALF OF PETITIONER

 BEFORE THE HONOURABLE HIGH COURT OF NADU

TABLE OF CONTENTS

Before The Hon’ble High Court OF Nadu.................................................................................0

TABLE OF CONTENTS...........................................................................................................1

LIST OF ABBREVIATIONS....................................................................................................2

INDEX OF AUTHORITIES......................................................................................................3

STATEMENT OF JURISDICTION..........................................................................................5

FACTS OF THE CASE.............................................................................................................6

ISSUES RAISED.......................................................................................................................8

SUMMARY OF ARGUMENTS...............................................................................................9

ARGUMENTS ADVANCED.................................................................................................10

I: THE WRIT PETITION IS MAINTAINABLE UNDER ARTICLE 226 AND 226 READ

WITH SECTION 482 OF CRPC...................................................................................................10

II:....................................................................................................................................................13

III: Investigation Conducted By The Nab Is Constitutionally Invalid..........................................15

CONTENTION IV: THE SURROGATE ADVERTISEMENTS AS A WHOLE SHOULD

NOT BE BANNED.......................................................................................................................18

PRAYER..................................................................................................................................20

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LIST OF ABBREVIATIONS

ABBREVIATION EXTENSION

& And

¶ Paragraph

AIR All India Reporter

Anr. Another

Art. Article

Corpn. Corporation

ed. Edition

HC High Court

Hon’ble Honourable

i.e. that is

Ltd. Limited

No. Number

Ors. Others

SC Supreme Court

SCC Supreme Court Cases

U.P. Uttar Pradesh

UKSC United Kingdom Supreme Court

v. Versus

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INDEX OF AUTHORITIES

STATUTES

 PREVENTION OF CORRUPTION ACT, 1988

 CODE OF CRIMINAL PROCEDURE ,1973

 THE CONSTITUTION OF INDIA, 1950

 CRIMINAL AMENDMENT ACT, 2018

BOOKS AND DIGESTS

 D.J.De The Constitution Of India (Asia Law House 2018)

 V.G. Ramachandran’s LAW OF WRITS (EBC 2012)

 Ratan Laland Diraj Lal, Law of Crimes (Bharat Law House)

 Mulla, Commentary on The Code Of Criminal Procedure, 1973
 A S Ramachandra Rao, Commentary on The Prevention of Corruption Act (Universal
Publishers)

DICTIONARIES, ONLINE DATABASES AND WEBSITES

 The Law Lexicon

 B.A. Garner, Black’s Law Dictionary, 8th Ed. (2004).
 www.scconline.com.
 www.manupatra.com

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THE TABLE OF CASES

S No. CASE NAMES CITATIONS PG NO.

1. ABP Pvt. Ltd. and Ors. vs. Union of India (UOI) and (2014) 3 SCC327 18
Ors.

2. Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 661, 14

669

3. Charanjit Lal v. Union of India, AIR 1951 SC 41 14

4. K.K. Kochuni v. State of Madras, AIR 1959 SC 725 14

5. Khoday Distilleries Ltd vs State Of Karnataka (1995) 1 SCC 574 15

6. Modern Dental College and Research Centre & Ors. v. (2016) 7 SCC 353 19
State of Madhya Pradesh & Ors,

7. Namit Sharma v. Union of India, (2013) 1 SCC 745 12

8. Shivram Poddar v. ITO, AIR 1964 SC 1095 12

9. State of M.P. and others vs. Nandlal Jaiswal and others, (1986) 4 SCC 566 16

10. Union of India v. Bajaj Tempo Ltd., (1998) 9 SCC 281 14

11. Union of India v. Hidalco Industries (2003) 5 SCC 194 14

(198);

12. Whirlpool Corporation v. Registrar of Trade Marks, (1998) 8 SCC 1 (11). 14

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STATEMENT OF JURISDICTION

THE PETITIONER.I.E, HUMBLY SUBMITS THIS MEMORANDUM FOR THE PETITION FILED BEFORE
THIS HONORABLE SUPREME COURT OF INDES. THE PETITION INVOKES ITS WRIT JURISDICTION
UNDER ARTICLE 321 OF THE CONSTITUTION OF INDES.

1
Article 32- Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part
is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
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FACTS OF THE CASE

BACKGROUND:

The National Accountability Bureau (NAB) was declared a police station under Section 2(s) of
the Criminal Procedure Code in 1973. On 28/06/2022, a notification was issued to empower
police officers under Section 17(c) of the Prevention of Corruption Act, 1988. Mr. A applied for
an electricity connection in his father's name, and the file was sent to Mr. C, who was later
accused of demanding a bribe of Rs. 25,000 for clearing the file.

INCIDENT AND TRAP:

Mr. A reported the bribe demand to NAB, and a trap was planned. NAB provided Mr. A with
marked notes, which were sprayed with phenolphthalein powder. The accused, Mr. C, accepted
the bribe during the trap, and the marked notes were seized from his possession. The subsequent
phenolphthalein test confirmed that the accused had accepted the bribe.

DEPARTMENTAL INQUIRY AND OUTCOME:

A departmental inquiry was initiated against the accused, focusing on the charge of demanding
and accepting a bribe of Rs. 15,000. However, the Inquiry Officer concluded that the evidence
did not substantiate the charges, leading to the accusation being unproven due to a lack of
evidence in the record. As a result, the accused was not suspended from service despite the
pending criminal case against him. The departmental inquiry report was forwarded to the office
of NAB.

NEW INFORMATION AND ORDER:

On 27/09/2022, NAB received information from trusted sources that the accused, Mr. C, had
amassed assets disproportionate to his known sources of income. The bank statements, property
documents, etc., were inspected, and a report was prepared based on the findings. On
03/10/2022, the Head of NAB reviewed the report and ordered the registration of a case and
initiation of an investigation against the accused, finding a prima facie case against him.

REGISTRATION OF FIRST INFORMATION REPORT AND ARREST:

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An FIR was registered by NAB on 05/10/2022, and raids were conducted without a warrant,
resulting in the seizure of documents. The Head of NAB also ordered the attachment of the
accused's property without forwarding the report to the Magistrate. The accused was arrested
without prior approval from the concerned government.

LEGAL CHALLENGE:

The accused has approached the High Court of Nadu under Articles 226 and 227, along with
Section 482 of the Criminal Procedure Code, 1973. He contests the legality and constitutionality
of the FIR and investigation conducted against him, citing violations of the Criminal Procedure
Code, 1973, the Prevention of Corruption Act, 1988, and the Constitution of India. He argues
that since he was cleared in the disciplinary proceedings through a speaking order, the FIR
against him should be quashed and set aside.

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ISSUES RAISED

I. WHETHER OR NOT THE WRIT PETITION IS MAINTAINABLE UNDER

ARTICLE 226 AND 227 OF THE CONSTITUTION READ WITH SECTION 482
OF CR.PC?

II. WHETHER OR NOT THE FIR IS LIABLE TO BE QUASHED OR SET ASIDE?

III. WHETHER OR NOT THE INVESTIGATION CONDUCTED WAS

CONSTITUTIONAL AND LEGALLY VALID?

IV. WHETHER OR NOT THE ARREST AND ATTACHMENT OF THE PROPERTY

IS LEGAL?

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SUMMARY OF ARGUMENTS

I. THE WRIT PETITION IS MAINTAINABLE UNDER ARTICLE 226 AND 226 READ
WITH SECTION 482 OF CRPC.
It is humbly submitted before the Hon’ble Court that the writ petition filed by the petitioner
is maintainable. Firstly, the existence of an efficacious alternative remedy would not oust the
petitioner from filing the writ petition as fundamental rights have been infringed. Secondly,
fundamental rights were infringed by the amendment introduced in S. 7 of the Cable
Television Network Rules,1994 and therefore the writ will maintainable on this regard.
Thirdly, the constitutionality of an act cannot be challenged in a tribunal established by the
same act.
II. THE FIR FILED BY THE NAD COULD BE QUASHED BY THE HIGH COURT
UNDER SECTION 482 OF CRPC.
It is respectfully submitted before the Hon’ble Court that the amendment violates the
petitioner’s fundamental rights under article 14 and article 19(g) of the constitution of Indes.
The petitioner, manufacturers of Tobacco and Alcohol products should be treated in equal
with the manufacturers and producers of other products.
III. THE INVESTIGATION CONDUCTED BY THE NAB IS UNCONSTITUTIONAL
AND INVALID.
It is humbly submitted that the removal of two provisos to Rule 7 of the CTN rules merely
based on the Vatsalya committee report is not valid as the authenticity of the report is in
question and the government’s power to amend the rules based on the impugned report is
invalid. The government exercises excessive power to amend the laws against the interest of
the public.

IV. THE ARREST AND ATTACHMENT OF THE PROPERTY BY NAB IS

UNLAWFUL.
It is humbly submitted that the surrogate advertisement as a whole does not directly affect the
addiction of intoxicants, as surrogate advertisements are just a measure to utilise the brand value.
The surrogate advertisement does not encourage anyone to use the company products. The
advertisements are just a measure to be in the market.
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ARGUMENTS ADVANCED

I: THE WRIT PETITION IS MAINTAINABLE UNDER ARTICLE 226 AND 226 READ
WITH SECTION 482 OF CRPC.

It is humbly submitted before the honorable court that the petition filed under Articles 226 and
227 read with Section 482 of Criminal Procedure Code is maintainable under the grounds that
the petitioner’s rights which are protected under part III of the constitution have been violated.
The petitioner is approaching this honorable court, firstly, to issue the writ of mandamus under
article 226 [1], secondly, article 227 of the constitution, to exercise administrative 2 and judicial
superintendence3 over the tribunals [2], and thirdly, to quash the FIR filed against the petition
under article 482[3].

[1]Maintainability under Article 226:

1.1. Article 226 of the Constitution grants the High Courts the power to issue writs, orders, or
directions to enforce fundamental rights or for any other purpose. The scope of Article 226 is
wide and encompasses both the protection of fundamental rights and the redressal of legal
grievances.

1.2. In the present case, the petitioner alleges a violation of their fundamental rights protected
under Part III of the Constitution. The petitioner seeks the issuance of a writ of mandamus to
compel the authorities to rectify the violation and uphold their rights. The remedy sought
falls squarely within the ambit of Article 226.

1.3. The Supreme Court, in the case of Maneka Gandhi v. Union of India (1978), held that
Article 226 is a powerful constitutional weapon that enables the High Courts to reach
injustice wherever it is found. It allows the courts to examine the legality, correctness, and
propriety of administrative or executive actions, ensuring the protection of the rights of
individuals.

2
Waryam Singh, AIR 1954 SC 215
3
D.J.De Constitution of India Vol II 4th Edn Asia Law House, Pg 2421
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1.4. Furthermore, the Supreme Court, in the case of Kalyan Singh v. State of U.P. (1962),
emphasized that the jurisdiction under Article 226 is extraordinary and wide and should not
be unduly restricted. The courts should adopt a liberal approach in entertaining petitions filed
under Article 226, especially when fundamental rights are at stake.

1.5. Therefore, it is respectfully submitted that the petition filed under Article 226 is
maintainable as it seeks the enforcement of fundamental rights and falls within the
jurisdiction of this Hon'ble Court.

[2]Maintainability under Article 227:

2.1. Article 227 confers upon the High Courts the power of superintendence over all courts
and tribunals within their jurisdiction. This power extends to both administrative and judicial
superintendence.

2.2. In the present case, the petitioner seeks the exercise of administrative and judicial
superintendence by this Hon'ble Court over the tribunals involved. The petitioner contends
that the tribunals have acted in violation of their rights, and hence, the intervention of this
Hon'ble Court is necessary to ensure justice and uphold the rule of law.

2.3. The Supreme Court, in the case of Bihar School Examination Board v. Subhas Chandra
Sinha (1970), held that the power of superintendence under Article 227 is to be exercised to
rectify errors of jurisdiction or orders resulting in grave injustice.

2.4. Furthermore, the Supreme Court, in the case of R. Chitralekha v. State of Mysore (1964),
reiterated that the power of superintendence under Article 227 is wide and is intended to be
used for the advancement of justice.

2.5. Therefore, it is humbly submitted that the petition filed under Article 227 is maintainable
as it seeks the exercise of administrative and judicial superintendence over the tribunals
involved in the present case.

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[3]Maintainability under Section 482 of the Criminal Procedure Code:

3.1. Section 482 of the Criminal Procedure Code confers inherent powers upon the High
Court to make such orders as may be necessary to prevent abuse of the process of any court
or to secure the ends of justice.

3.2. In the present case, the petitioner seeks the quashing of the FIR filed against them,
contending that it is illegal, unconstitutional, and violative of their rights. The petitioner
submits that the FIR constitutes an abuse of the process of the court and seeks its quashing by
this Hon'ble Court.

3.3. The Supreme Court, in the case of State of Haryana v. Bhajan Lal (1992), laid down
certain illustrative categories wherein the inherent powers under Section 482 can be
exercised to prevent abuse of process or secure the ends of justice.

3.4. Furthermore, the Supreme Court, in the case of Madhavrao Jiwaji Rao Scindia v.
Sambhajirao Chandrojirao Angre (1988), emphasized that the inherent powers of the High
Court under Section 482 can be invoked to prevent injustice and to secure the rights of the
individual.

3.5. Therefore, it is respectfully submitted that the petition filed under Section 482 of the
Criminal Procedure Code is maintainable as it seeks the quashing of an illegal and
unconstitutional FIR, which constitutes an abuse of the process of the court.

In light of the above arguments, it is humbly submitted that the petition filed under Articles 226
and 227 read with Section 482 of the Criminal Procedure Code is maintainable. The petitioner's
rights protected under Part III of the Constitution have been violated, and the petitioner seeks
appropriate remedies, including the enforcement of fundamental rights, exercise of
superintendence, and quashing of the FIR. This Hon'ble Court is vested with the jurisdiction and
authority to provide the necessary relief and ensure justice in this matter.

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II: FIR FILED BY THE NAD COULD BE QUASHED BY THE HIGH COURT UNDER
SECTION 482 OF CRPC.

It is humbly submitted before the Hon’ble High Court that the FIR filed by the NAD should be
quashed as per Section 482 of CrPc
Section 482 of the Criminal Procedure Code confers inherent powers upon the High Court to
make such orders as may be necessary to prevent abuse of the process of any court or to secure
the ends of justice.
Section 154 of CrPC. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally
to an officer in charge of a police station, shall be reduced to writing by him or under his
direction, and be read Over to the informant; and every such information, whether given in
writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the
substance thereof shall be entered in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf.

The first information report means an information recorded by a police officer on duty given
either by the aggrieved person or any other person to the commission of an alleged offence. On
the basis first information report, the police commences its investigation.
Before filing of the FIR, the NAB must have conducted a preliminary enquiry regarding the
petitioner background and NAB did not look it to the salary particulars and Annual Property
Returns were not looked into by the ACB

When a public servant is publicly charged with acts of dishonesty which amount to serious
misdemeanour or misconduct of indulging into corrupt practice, it does incalculable harm not
only to the officer in particular but to the department he belonged to in general. Thus, before
lodging FIR against him, there must be some suitable preliminary enquiry into the allegations by
a responsible officer to ascertain whether cognizable offence is disclosed or not.

In Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, this Court had observed that

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it is mandatory to register an FIR on receipt of information disclosing a cognizable offence.

However, this Court had also considered the situations/cases in which preliminary enquiry is
permissible/desirable and certain illustrations were also carved out in which the preliminary
enquiry was held to be permissible/desirable before registering/lodging of an FIR. It was further
observed that if the information received did not disclose a cognizable offence but indicates the
necessity for an inquiry, a preliminary enquiry may be conducted to ascertain whether cognizable
offence is disclosed or not. It had been clarified that the scope of preliminary inquiry is not to
verify the veracity or otherwise of the information received but only to ascertain whether the
information reveals any cognizable offence. Similarly, in P. Sirajuddin v. State of Madras,
(1970) 1 SCC 595, this Court expressed the need for a preliminary enquiry before proceeding
against public servants.

Section 7 allows public workers to receive rewards other than lawful pay in exchange for doing
an official act. According to the explanation for Section 7, gratification is not limited to
monetary or monetary-equivalent gratifications. However, it is equally crucial that such a
demand be made by the public servant, and the mere possession of the valuable property, in the
absence of proof of such a demand, may not result in guilt under Section 7 of this Act.

The Supreme Court in the case of Subash Parbat Sonvane vs State of Gujarat (2002) held that to
be found guilty under Section 13(1)(d), there must be proof that the subject of the investigation,
i.e the person under investigation, obtained something valuable or financially advantageous for
himself or another person through dishonest or illegal means, by abusing his position as a public
servant, or by obtaining something valuable or financially advantageous for another person
without any consideration of the public interest.
The NAB without even collecting basic details of sources of income and approximate percentage
of disproportionate assets prior to registering the FIR.

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III: INVESTIGATION CONDUCTED BY THE NAB IS UNCONSTITUTIONAL AND

INVALID.

It is humbly submitted before this Hon’ble court that the Investigation conducted by the NAB is
not legally valid as mentioned under section 17 of Prevention of Corruption Act 1988

Section 17A of the Amendment Act 2018 stipulates that no one may investigate an alleged
offence if it involves a recommendation/decision made by a public worker in the course of his
official responsibilities. If such an inquiry is to be performed, the following approvals are
required:

1. Approval of the Central Government is required for offences involving Union matters.

2. For offences involving the conduct of state affairs, state government approval is
required.
However, if an arrest is conducted on the scene and the offender admits to committing an
offence, no such clearance is necessary

Since there is no approval taken from the concerned government to investigate the matter it is not

It is submitted before this Hon’ble court that the entire process initiated by the ACB is contrary
to law, as there was no preliminary inquiry conducted as is necessary, no source report is
prepared earlier again as is necessary and disproportionate assets that are shown in the so
prepared source report is zero. Notwithstanding this, an FIR is registered, search is conducted
and the petitioner is harassed.

FIR was registered for offences punishable under Section 13(1)(b) - 8 - WP No. 7911 of 2022
and 13(2) of the Act against the petitioner. Thus, it becomes necessary to notice Section 13(1)(b)
and 13(2) of the Act. They read as follows: “13. Criminal misconduct by a public servant.— (1)
A public servant is said to commit the offence of criminal misconduct,— (a) if he dishonestly or
fraudulently misappropriates or otherwise converts for his own use any property entrusted to him

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or any property under his control as a public servant or allows any other person so to do; or (b) if
he intentionally enriches himself illicitly during the period of his office. Explanation 1.—A
person shall be presumed to have intentionally enriched himself illicitly if he or any person on
his behalf, is in possession of or has, at any time during the period of his office, been in
possession of pecuniary resources or property disproportionate to his known sources of income
which the public servant cannot satisfactorily account for. Explanation 2.—The expression
“known sources of income” means income received from any lawful sources. (2) Any public
servant who commits criminal misconduct shall be punishable with imprisonment for a term
which shall be not less than four years but which may extend to ten years and shall also be liable
to fine."

Section 13(1) deals with a public servant who is said to have committed an offence of criminal
misconduct. Criminal misconduct would be, if he intentionally enriches himself illicitly during
the period of his office. Explanation offered to Section 13(1)(b) is that the person is presumed to
have intentionally enriched himself illicitly, if he or any person on his behalf, is in possession or
has, at any time during the period of his office, been in possession of pecuniary resources or
property disproportionate to his known sources of income, which the public servant cannot
satisfactorily account for.

Therefore, to charge a public servant with Section 13(1) which deals with criminal misconduct,
and being in possession of assets disproportionate to his known source of income, there must be
a basis. The basis emanates from a report. The report in corruption parlance is a source
information report. A source information report is not generated at the drop of the hat. It is a
responsible work of a responsible officer i.e., Inspector of Police, under the guidance and
supervision of a superior police officer, a Deputy Superintendent of Police and it has to be drawn
up after calculating entire period of service of a public servant and arrive at a conclusion albeit,
prima facie, that he has amassed wealth disproportionate to his known source of income.

The law also contemplates conduct of a preliminary inquiry in cases of corruption alleged as
against public servants. The Apex Court right from the judgment in the case of P.SIRAJUDDIN
v. STATE OF MADRAS1 has clearly held that before a public servant, whatever be his status, is

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publicly charged with acts of dishonesty, some suitable preliminary inquiry into the 1 (1970) 1
SCC 595 - 18 - WP No. 7911 of 2022 allegations by a responsible officer should be made. It
could be in the nature of source information report or otherwise.

The afore-quoted incident of discovery of certain material allegedly belonging to the petitioner
could at best have triggered the conduct of a preliminary enquiry and could not become the basis
for registration of an FIR, as has been done. There is no preliminary inquiry worth the name that
is even conducted by the ACB in the case of the petitioner as every act of the ACB i.e.,
preparation of the source information report, registration of FIR and conduct of search on the
house of the petitioner have all happened on one single day – 24 hours. A source information
report, according to the norm or procedure what is followed by the ACB, requires an Inspector of
Police to conduct such enquiry and collect those documents which would become a part of a
source information report and such source information report is to be placed before the Deputy
Superintendent of Police who would then give his nod registration of the crime. These
procedures and the time required for these procedures are thrown to the winds

A perusal at the original records that were placed before the Court would also indicate no
collection of any material, in the nature of preliminary inquiry or a source information report
taking place prior to registration of the FIR.

Every record is sought to be built up subsequent to the said date i.e., the date of registration of
the crime against the petitioner. Therefore, it becomes a fit case, where this Court cannot turn a
blind eye to the plea of petitioner for exercise of jurisdiction of this Court under Section 482 of
the Cr.P.C. and obliterate registration of crime against the petitioner, failing which, it would
become a classic illustration of a case becoming an abuse of process of law - and resulting in
miscarriage of justice and above all, putting a premium on the action of the ACB,
notwithstanding the fact that 'the ACB blissfully ignored the ABC of procedure'.

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IV: THE ARREST AND ATTACHMENT OF THE PROPERTY BY NAB IS

UNLAWFUL.

1. It is humbly submitted before the honourable Supreme Court that complete ban on surrogate
advertisements is not required. When it comes to surrogate advertising, the existing laws in
rule 7 before the amendment imposed certain conditions through which the companies were
allowed to advertise. But now due to the removal of these provisions there has been a
violation and infringement of the fundamental rights of such companies wherein neither there
has been any significant improvement nor there has been any stoppage in the actual usage of
my clients' products. 
2. The alcohol industries argue that when the product is legal then why advertising it is not legal
and that banning on the advertisement will lead to the huge loss in market share of the
alcohol industry and it also give unfair advantage to its non-alcoholic competitors like cold
drinks. The removal of the provision to rule 7 does not reduce the addiction among the youth
[A]. Annexures shall be provided for surrogate advertisments and movie depiction.

ADVERTISEMENT AND CONSUMPTION

3. There is no correlation between the consumption and the advertisement and the harm created
by alcohol and tobacco industry.
a) Smoking Is Risky. But The Advertisement Does not Makes Such Products More Harmful
Than Might Otherwise Be The Case 

The products manufactured by such companies have only made it more favourable to use by the
end consumers by reducing the risks of the products which it inherently imposes upon the
consumers. For instance, the companies which manufacture tobacco products especially
cigarettes, the leaves present in the tobacco leaf which is then rolled into the cigarette is made to
lose its amount of nicotine and tar content in those leaves when burnt before they are used in the
form of cigarettes. 

This is what the companies have done in order to make a product which is inherently dangerous
and poses serious health risks if consumed in a hazardous manner. 

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b) Nothing The Companies Have Done Or Said Has Kept Someone From Stopping Smoking  

The companies could not interfere with the usage of intoxicants by the people, as they have the
right to such use. The companies while selling the cigarettes and other intoxicants has to adhere
by various regulations under the laws. The companies follow strict regulations that the courts and
the legislations have imposed upon them such as the 85% pictorial warning over the label of the
product which still warns to smoker to not use such a product. This clearly shows that such
companies themselves market their products with such warnings and don’t have any intention to
monetize over such products which cause serious health risks to the smoker.

4. Due to the complete ban on surrogate advertising the companies who are manufacturers of
such products haven’t even able to market their products through surrogate advertising which
in any way shall never influence the end consumer who might be seeing this advertisement as
it shall not contain any kind of hints or clues or pictorial representations of the product. 
5. The alcohol industries argue that when the product is legal then why advertising it is not legal
and that banning on the advertisement will lead to the huge loss in market share of the
alcohol industry and it also give unfair advantage to its non-alcoholic competitors like cold
drinks.

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PRAYER

WHEREFORE, In the light of the issues raised, arguments advanced and authorities cited, the
counsel for the Petitioner humbly prays that the Hon’ble Supreme Court be pleased to adjudge,
hold and declare:

 That the writ petition is maintainable under article 226 and 227 of the Constitution of Indes;

 That the registration of FIR and investigation conducted against the petitioner is void and
unconstitutional;

 That the surrogate advertisements are valid and to bring more clarity under the law regarding
the same ;

 That the Cable Television Networks (Amendment) Rules, 2021 are ultravires the Indes
Cable Television Networks (Regulation) Act, 1995 and the Constitution for violation of
various fundamental rights.

AND/OR

Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience. And
for this, the Petitioner as in duty bound, shall humbly pray.

Sd/-

COUNSEL FOR THE PETITIONER

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