M/S Ganesh Agencies vs. State Of Andhra Pradesh

Held

The Court held that the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) is a special Act specifically dealing with tobacco and tobacco products, including Pan Masala or any chewing material with tobacco. The Food Safety and Standards Act, 2006 (FSSA, 2006) is a general Act concerning food safety. Since tobacco products are covered under COTPA, 2003, and following the precedent in Godawat Pan Masala Products I.P. Ltd. (supra), Pan Masala or Gutka containing tobacco cannot be considered 'food' under the FSSA, 2006. Consequently, the Commissioner of Food Safety, Andhra Pradesh, is neither authorized nor has jurisdiction to issue notifications prohibiting the manufacture, storage, distribution, transportation, and sale of such products under Section 30(2)(a) of the FSSA, 2006. The Court declared the impugned notifications void. As a result, the respondents were directed not to interfere with the lawful business activities of the writ petitioners concerning tobacco products. Any seizure of tobacco products under the impugned notifications or FSSA, 2006/FSSA Regulations, 2011 was held to be bad in law, and all seized products were ordered to be released forthwith. No further coercive action under the FSSA, 2006/FSSA Regulations, 2011 was permitted against licensed businesses.

Facts

A batch of writ petitions (W.P. Nos.8367, 8378, 8396, 9382, 9416, 9421, 9431 of 2021 and W.P.No.31710 of 2022) were filed before the High Court of Andhra Pradesh challenging various notifications. The core issue revolved around the authority of the Commissioner of Food Safety and other State Government officers to prohibit the manufacture, storage, distribution, transportation, and sale of Gutka/Pan Masala containing Tobacco and Nicotine, as well as chewing tobacco products. These prohibitions were purportedly issued under the Food Safety and Standards Act, 2006 (FSSA, 2006). The petitioners sought to quash these notifications and prevent interference with their business activities.

Key Issues

1. Whether the Commissioner of Food Safety, Andhra Pradesh, is authorized and has jurisdiction to issue notifications prohibiting the manufacture, storage, distribution, transportation, and sale of Gutka/Pan Masala containing Tobacco and Nicotine, and chewing tobacco products, under Section 30(2)(a) of the Food Safety and Standards Act, 2006 (FSSA, 2006)? Petitioner's arguments: The petitioners contended that the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) is a special Act specifically governing tobacco products. They argued that Pan Masala or Gutka containing tobacco cannot be considered 'food' as defined under the FSSA, 2006, and therefore, the Commissioner of Food Safety lacks the jurisdiction to issue such prohibitory notifications under the FSSA, 2006. They relied on the precedent set in Godawat Pan Masala Products I.P. Ltd. (supra). Revenue/State's arguments: The judgment does not record any specific arguments made by the revenue or State.