D. Adinarayan Subudhi vs. State Of Odisha
Held
The Court held that the impugned notification was a measure to enforce Regulation 2.3.4 of the FSSA, which prohibits tobacco/nicotine as ingredients in food. The notification was not an independent prohibition and was within the scope of the FSSA.
Facts
The petitioners challenged a notification prohibiting the manufacture, sale, etc., of food products containing tobacco or nicotine. They argued that chewing tobacco is a distinct tobacco product and not 'food' under the FSSA, and that the notification exceeded the statutory framework.
Key Issues
Whether the impugned notification prohibiting chewing tobacco as a food product is within the ambit of the Food Safety and Standards Act, 2006 and its regulations. Whether the notification violates fundamental rights like the right to trade and livelihood.
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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