M/S. Santhosh Communications vs. The State Of Telangana

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 its provisions over all other food-related laws, would make the FSSA the governing legislation in this domain, superseding other laws. The Court found no conflict between the legislative objects of the FSSA and the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), as the former aims to prevent adulteration and the latter to prohibit advertisement and regulate trade. The Court agreed with the Bombay High Court's reasoning on similar issues, stating that interference with a notification aimed at saving human lives is not warranted. The restrictions imposed were deemed to be in the larger public interest and reasonable, not offending the right to carry on trade. Therefore, the Court found no reason to interfere with the impugned notification. The writ petitions were dismissed.

Facts

A group of petitioners, including traders and partnership firms, filed writ petitions challenging Notification No. 505/FSS-1/2021, dated January 6, 2021, 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. They argued it violated principles of natural justice and Articles 14, 19, and 21 of the Constitution. The petitioners sought to prevent interference with their trade and business in products covered by the notification and to avoid harassment. The State of Telangana, through its Health, Medical and Family Welfare Department and Home Department, along with the Commissioner of Food Safety, Director General of Police, Union of India, and the Food Safety and Standards Authority of India, were listed as respondents. Interim applications were filed seeking suspension of 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 and principles of natural justice. Petitioner's arguments: The petitioners contended that the 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 was not intended to regulate tobacco products and that the notification created a conflict with COTPA. They also raised concerns about the violation of their right to trade and business, guaranteed under Article 19(1)(g) of the Constitution, and argued that the restriction was 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 the Act overriding effect over other food-related laws. They further argued that the notification was issued in larger public interest to protect human lives from diseases caused by tobacco products, making it a reasonable restriction under Article 19(6) of the Constitution. They cited decisions from other High Courts that supported the applicability of FSSA to tobacco products.