Vasudeva Kirana And General Merchants vs. The State Of Tetangana And 5 Others

Held

The Court held that tobacco and other products, including gutka and pan masala, 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 provisions of the FSSA over all other food-related laws, would make the FSSA the governing legislation in this context. 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 is for the prevention of adulteration and the latter is intended to prohibit advertising and regulate trade in tobacco products. The Court also observed that the restrictions imposed by the impugned notification were in larger public interest, aimed at saving human lives from diseases like cancer caused by gutka and pan masala consumption, and were therefore reasonable restrictions that did not offend the right to carry on trade guaranteed under the Constitution. The Court specifically referred to a Division Bench judgment of the Bombay High Court that dealt with similar issues. Therefore, the Court found no reason to interfere with the impugned notification.

Facts

Numerous writ petitions were filed before the Telangana High Court challenging Notification No. 505/FSS-1/2021, dated January 6, 2021, issued by the Commissioner of Food Safety. The petitioners, including traders and businesses involved in the sale of gutka, pan masala, and other tobacco products, 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. The petitions sought to set aside the notification and prevent authorities from interfering with their trade and business.

Key Issues

1. Whether Notification No. 505/FSS-1/2021, issued by the Commissioner of Food Safety, 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 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 relevant legislation governing tobacco products. They argued that the FSSA was primarily for preventing adulteration of food, whereas COTPA dealt with the regulation of tobacco products. They also argued that the notification imposed unreasonable restrictions on their right to trade and business, violating Article 19(1)(g) of the Constitution. Respondents' arguments: The respondents, including the State of Telangana and the Food Safety and Standards Authority of India (FSSAI), 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 its provisions over other food-related laws. They further contended that the restrictions imposed by the notification were in larger public interest, aimed at protecting public health, and constituted reasonable restrictions under Article 19(6) of the Constitution, especially in light of the health risks associated with gutka and pan masala consumption.