Asawa Pavan vs. The State Of Telangana And 8 Others

Held

The Court held 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 the FSSA over all other food-related laws, would make the FSSA the governing legislation in this domain. The Court found no conflict between the legislative objects of the FSSA and the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, stating that the PFA Rules framed thereunder could not be considered inapplicable merely because a license for the manufacture of gutka is contemplated under COTPA. The Court also noted that the Bombay High Court had dealt with similar issues and found that the interference by the Court in respect of a notification aimed at saving human lives could not be faulted. The Court concluded that the restrictions imposed were in larger public interest, constituted reasonable restrictions, and did not offend the right to carry on trade guaranteed under the Constitution. Therefore, the Court found no reason to interfere with the impugned notification.

Facts

The petitioners, including Sri Kamadhenu Traders and Damodar Jagannath Malpani, filed writ petitions challenging Notification No. 505/FSS-1/2021, dated January 6, 2021, issued by the Commissioner of Food Safety, Telangana. The petitioners argued that this notification, which prohibited the sale of gutka, pan masala, and other tobacco products, 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 it violated principles of natural justice and Articles 14, 19, and 21 of the Constitution. The State of Telangana and other respondents were arrayed as parties. The petitions sought to set aside the notification and prevent interference with their trade and business.

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 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 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 FSSA, particularly Section 3(i) defining 'food', did not encompass tobacco products, and therefore, the Commissioner of Food Safety lacked the authority to issue such a notification. They also argued that the notification violated their fundamental right to trade and business guaranteed under Article 19(1)(g) of the Constitution and that the restrictions imposed were not reasonable. Respondents' Arguments: The respondents argued that tobacco products fall within the definition of 'food' under Section 3(i) of the FSSA. They relied on Section 89 of the FSSA, which gives overriding effect to the Act over other food-related laws, including the Prevention of Food Adulteration (PFA) Act. They further contended that the notification was issued in larger public interest to protect human health, considering the severe health consequences of consuming gutka and other tobacco products, and that the restrictions imposed were reasonable and constitutional.