Ahmed Iqbal Mohd 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 gives its provisions overriding effect on all other food-related laws, would make the FSSA the governing legislation in this context, superseding the Cigarettes and Other Tobacco Products Act, 2003 (COTPA). The Court found no conflict between the legislative objects of the two enactments, stating that the Prevention of Food Adulteration (PFA) Rules and directions issued thereunder could still be applicable. The Court referred to the Bombay High Court's decision which dealt with similar issues and concluded that the restrictions imposed by the impugned notification were in the larger public interest, constituted reasonable restrictions, and did not offend the right to carry on trade guaranteed under the Constitution. The Court noted that the global health crisis (COVID-19 pandemic) and the high death rates from tobacco-related diseases underscored the necessity of such restrictions. 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. An interim order was granted, which the State later sought to vacate.

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 notification imposed unreasonable restrictions on their right to trade and business, violating Article 19(1)(g) of the Constitution. They also raised concerns about procedural impropriety and violation of natural justice. Respondents' arguments: The respondents argued that tobacco products, including gutka and pan masala, fall within the definition of 'food' under Section 3(1) of the FSSA. They asserted that Section 89 of the FSSA grants overriding effect to its provisions over other food-related laws. They further contended that the restrictions imposed by the notification were reasonable and in the larger public interest, aimed at protecting public health, especially in light of the COVID-19 pandemic and the high mortality rates associated with tobacco consumption. They relied on judicial pronouncements that upheld similar restrictions.