Athar Syed , Khalid vs. The State Of Telangana

Held

The High Court dismissed the writ petitions. The Court held that tobacco products, when considered as food items, fall within the definition of 'food' as enumerated in Section 3(i) of the FSSA. Consequently, the overriding effect of Section 89 of the FSSA would make the FSSA the governing law in this context, superseding other food-related laws. The Court found no conflict between the legislative objects of the FSSA and the COTPA Act, noting that the PFA Act was for preventing adulteration, while the COTPA Act aimed to prohibit advertisement and regulate trade. The Court also referred to a Division Bench judgment of the Bombay High Court that dealt with similar issues. It concluded that the impugned notification, aimed at saving human lives and imposing restrictions in larger public interest due to the severe health risks associated with gutka/pan masala consumption, was a reasonable restriction and did not offend the right to carry on trade. Therefore, the Court found no reason to interfere with the 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, manufacture, storage, and distribution of gutka, pan masala, and other tobacco products containing any of the 459 specified ingredients. 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 sought to prevent interference with their trade and business in these products. The State of Telangana and other respondents were arrayed as parties. Interim applications were also 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 COTPA Act, 2003, and in violation of 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 FSSA was not intended to regulate tobacco products, which are covered by the COTPA Act. They argued that the notification violated their fundamental right to carry on trade and business under Article 19(1)(g) of the Constitution and was not a reasonable restriction. They also raised concerns about the procedural irregularities and lack of proper consultation in issuing the notification. Respondents' Arguments: The respondents argued that tobacco products, as defined under the FSSA, fall within the purview of the Act. They emphasized that Section 89 of the FSSA gives it overriding effect over other food-related laws, including the COTPA Act. They further contended that the notification was issued in larger public interest to protect the health of citizens, citing the severe health consequences of consuming gutka and pan masala, and that it constituted a reasonable restriction under Article 19(6) of the Constitution.