M/S. A K Traders vs. The State Of Telangana

Held

The High 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 the provisions of the FSSA over all other food-related laws, makes the FSSA the governing legislation in this context. The Court found no conflict between the legislative objectives of the FSSA and the COTPA Act, 2003, as both aim to protect public health. The Court 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, constitutes a reasonable restriction and does not offend the right to carry on trade guaranteed under the Constitution. Therefore, the Court found no reason to interfere with the notification. The writ petitions were dismissed.

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. This notification prohibited the sale, manufacture, storage, and distribution of gutka, pan masala, and other tobacco products containing any of the 439 ingredients listed in the notification. 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. The petitions were filed under Article 226 of the Constitution of India.

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 and COTPA Act had distinct legislative objectives, with the latter specifically governing tobacco products. They argued that the notification, by prohibiting products covered under COTPA, encroached upon the domain of that Act and was therefore ultra vires. They also claimed the notification violated their fundamental right to trade and business under Article 19(1)(g) of the Constitution and principles of natural justice. Respondents' arguments: The respondents argued that tobacco products fall within the definition of 'food' under Section 3(i) of the FSSA, and therefore, the FSSA, particularly Section 89, gives it overriding effect over other food-related laws. They asserted that the notification was issued in larger public interest to protect human lives from diseases caused by gutka and other tobacco products, and that the restrictions imposed were reasonable and constitutional.