Muqtar Mohiuddin vs. The State Of Telangana And 8 Others

Held

The Court held that Notification No. 505/FSS-1/2021 is not illegal, arbitrary, unconstitutional, or ultra vires the COTPA, 2003. The Court reasoned that tobacco and other products fall within the definition of 'food' as enumerated in Section 3(i) of the FSSA, 2006. Furthermore, Section 89 of the FSSA grants its provisions an overriding effect on all other food-related laws. Therefore, the FSSA holds precedence over other legislation concerning food, including tobacco products. The Court found that the legislative objects of the FSSA and COTPA are not in conflict, with the former focusing on food safety and the latter on prohibiting advertisement and regulating trade of tobacco products. The Court also observed that the restriction imposed by the notification is in larger public interest, aimed at saving human lives from diseases like cancer caused by tobacco consumption, and constitutes a reasonable restriction under Article 19(6) of the Constitution. Consequently, 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 sought to declare this notification 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 also sought to prevent the respondents from interfering with their trade and business in products covered by the notification. The State of Telangana filed an interlocutory application seeking to vacate an interim order that had suspended the notification. The High Court considered the arguments presented by both sides regarding the validity and applicability 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 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), as tobacco products are not 'food' as defined therein. They argued that the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) exclusively governs tobacco products and that the FSSA, with its overriding effect under Section 89, does not extend to tobacco products. They relied on the principle that a specific law (COTPA) should prevail over a general law (FSSA) in matters concerning tobacco products and that the notification interfered with their fundamental right to trade under Article 19(1)(g) of the Constitution. Respondents' arguments: The respondents argued that tobacco products fall within the definition of 'food' under Section 3(i) of the FSSA and that Section 89 of the FSSA gives it an overriding effect on all other food-related laws. They contended that the notification was issued in larger public interest to protect human lives from diseases caused by tobacco consumption, making it a reasonable restriction under Article 19(6) of the Constitution. They cited judgments from other High Courts supporting the applicability of FSSA to tobacco products and highlighted the global health crisis related to tobacco.