Syed Zuber Qamar Syed 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 the FSSA an overriding effect on all other food-related laws, would make the FSSA hold the field instead of COTPA. The Court found that the provisions of the Prevention of Food Adulteration (PFA) Rules, framed and directions issued thereunder, could not be said to be inapplicable merely because a license is contemplated for the manufacture of gutka under the COTPA Act. The Court noted that the PFA Act was legislated for the prevention of adulteration, whereas the COTPA Act is intended to prohibit advertising and regulate the trade of tobacco products, and thus there is no conflict between their legislative objects. The Court further held that the restrictions imposed by the impugned notification were in the larger public interest, aimed at saving human lives, and constituted reasonable restrictions that did not offend the right to carry on trade guaranteed under the Constitution. The Court dismissed the writ petitions, finding 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 06.01.2021, issued by the Commissioner of Food Safety, Telangana. This notification prohibited the sale of gutka, pan masala, and other tobacco products. The petitioners 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 (COTPA Act). They contended it violated principles of natural justice and Articles 14, 19, and 21 of the Constitution of India. The State of Telangana and other respondents were arrayed. 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 COTPA 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 COTPA Act was the governing legislation for tobacco products. They argued that the FSSA was primarily for food adulteration, while COTPA dealt with tobacco products, creating a conflict. They also asserted that the notification violated their fundamental right to carry on trade and business 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 it overriding effect over other food-related laws. They also 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 crisis caused by tobacco consumption.