Sri Sri Agencies vs. The State Of Telangana

Held

The Court held that the impugned Notification No. 505/FSS-1/2021 was valid and did not suffer from any illegality, arbitrariness, or unconstitutionality. The Court found that tobacco and other products fall within the definition of 'food' as enumerated in Section 3(i) of the Food Safety and Standards Act, 2006 (FSSA). Consequently, Section 89 of the FSSA, which grants overriding effect to its provisions over other food-related laws, was applicable. The Court reasoned that the legislative objects of the FSSA (protection against adulteration) and the Cigarettes and Other Tobacco Products Act, 2003 (regulation of trade and prohibition of advertisement) were not in conflict. The Court also noted that the Bombay High Court had dealt with similar issues and upheld the notification. The restrictions imposed by the notification were considered to be in larger public interest, aimed at saving human lives from diseases caused by tobacco products, and were deemed reasonable restrictions that did not offend the right to carry on trade. Therefore, the Court found no reason to interfere with the notification.

Facts

Numerous writ petitions were filed before the High Court of Telangana challenging Notification No. 505/FSS-1/2021, dated 06.01.2021, issued by the Commissioner of Food Safety, Telangana. The petitioners, including traders and business entities, argued that this notification was 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. They contended that the notification violated principles of natural justice and their fundamental rights under Articles 14, 19, and 21 of the Constitution of India. The petitioners sought to set aside the notification and prevent authorities from interfering with their trade and business in products covered by it. The State of Telangana and other respondents were arrayed as parties. Interim orders were also sought to suspend the notification.

Key Issues

1. Whether Notification No. 505/FSS-1/2021, issued by the Commissioner of Food Safety, Telangana, is 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, in violation of Articles 14, 19, and 21 of the Constitution of India? Petitioner's arguments: The petitioners contended that the impugned notification was beyond the scope of the Food Safety and Standards Act, 2006 (FSSA), and that the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) was the governing legislation for tobacco products. They argued that the notification, by prohibiting trade in certain tobacco products, infringed upon their right to carry on business guaranteed under Article 19(1)(g) of the Constitution and was not a reasonable restriction. They also raised concerns about the violation of principles of natural justice. Respondents' arguments: The respondents argued that tobacco products fall within the definition of 'food' under Section 3(1) of the FSSA, and therefore, the FSSA and its provisions, including Section 89 which grants overriding effect, would apply. They contended that the notification was issued in larger public interest to protect human lives from diseases caused by tobacco consumption, and that the restrictions imposed were reasonable and constitutionally valid. They relied on judicial pronouncements that upheld the application of FSSA to tobacco products.