Moninagi Badrinath vs. State Of Odisha
Held
The Court held that the impugned notification was a measure to enforce Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, and not an independent prohibition. The challenge to the notification was dismissed.
Facts
The petitioners challenged a notification prohibiting the manufacture, sale, and distribution of food products containing tobacco or nicotine. This notification was issued by the Health and Family Welfare Department of Odisha and was sought to be applied to chewing tobacco.
Key Issues
Whether the impugned notification, prohibiting chewing tobacco, travels beyond the statutory framework of the Food Safety and Standards Act, 2006, and its regulations. Whether the notification was issued in compliance with statutory provisions and principles of natural justice.
Sections Cited
Section 3(1)(j), Section 3(1)(y), Section 3(p), Section 18, Regulation 2.3.4
AI-generated summary — verify with the full judgment below
Page 1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.6107 of 2026 CNR No-ODHC010138442026 Along with W.P.(C) Nos.8849, 11468, 11505 & 11510 of 2026 (In the matter of applications Articles 226 & 227 of the Constitution of India).
(In W.P.(C) No. 6107 of 2026)
Gopal Aromatic Private Limited, Cuttack …. Petitioner(s) -versus- State of Odisha …. Opposite Party (s)
Advocates appeared in the case through Hybrid Mode:
For Petitioner(s) : Mr. C.S. Vaidyanathan, Sr. Adv. Mr. Vivek Kohli, Sr. Adv. Mr. Nalin Talwar, Adv. Mr. Manoj Gupta, Adv. Ms. Yeshi Rinchhen, Adv. Mr. Prashanta Kumar Nayak, Adv. Mr. Avijit Patnaik, Adv.
For Opposite Party (s) : Miss Gayatri Patra, ASC Smt. Pratima Nayak, CGC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
DATE OF HEARING:-06.08.2026 DATE OF JUDGMENT:-21.08.2026
Dr. Sanjeeb K Panigrahi, J.
Since the writ petitions arise out of the same impugned Notification and involve common questions of law and fact, they are being dealt with together by this common judgment, with W.P.(C) No.6107 of 2026 being
The judgment continues below.
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