Nidhir Mandal vs. The State Of Telangana And 5 Others

Held

The Court held that the Food Safety and Standards Act, 2006 (FSSA) has an overriding effect on all other food-related laws, as stipulated by Section 89 of the FSSA. It found that tobacco and tobacco products, including gutkha and pan masala, are included within the definition of 'food' under Section 3(1) of the FSSA. Consequently, the provisions of the FSSA, including the regulations issued thereunder, would hold precedence over COTPA, 2003, in matters concerning food safety. The Court referred to various judgments, including Raju Laxman Pachopure v. The State of Karnataka and Godawat Pan Masala, to support its reasoning regarding the distinction between COTPA and FSSA and the applicability of the latter. The Court also noted that the restrictions imposed by the impugned notification are in the larger public interest, aimed at saving human lives and preventing diseases like cancer, and are therefore reasonable restrictions that do not offend the right to carry on trade guaranteed under the Constitution. The Court found no reason to interfere with the impugned notification.

Facts

Multiple petitioners, including individuals and businesses involved in the sale of tobacco products, filed writ petitions challenging Notification No. 501/FSS-1/2020, dated January 6, 2020, issued by the Commissioner of Food Safety, Telangana. The petitioners sought to declare this notification illegal, arbitrary, unconstitutional, and ultra vires the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA). They also sought to prevent authorities from interfering with their lawful business activities. The petitions also included applications for the return of seized materials in connection with various crime numbers.

Key Issues

1. Whether Notification No. 501/FSS-1/2020, issued by the Commissioner of Food Safety, Telangana, is illegal, arbitrary, unconstitutional, and ultra vires the COTPA, 2003, in violation of the principles of natural justice and Articles 14, 19, and 21 of the Constitution of India? Petitioner's arguments: The petitioners contended that the impugned notification is beyond the scope of the Food Safety and Standards Act, 2006 (FSSA) and that COTPA, 2003, is the governing legislation for tobacco products. They argued that the notification, by prohibiting the sale of tobacco products, infringes upon their fundamental right to carry on trade and business. They also raised concerns about the violation of principles of natural justice and constitutional rights. Revenue/State's arguments: The respondents argued that the FSSA, 2006, is a comprehensive Act dealing with food safety and standards, and Section 89 of the FSSA grants it overriding effect over other food-related laws. They asserted that tobacco and tobacco products, including gutkha and pan masala, fall within the definition of 'food' under the FSSA, making the notification issued under its provisions valid. They also contended that the restrictions imposed are in larger public interest and constitute reasonable restrictions on trade.