S R Agencies vs. The State Of Telangana And 7 Others

Held

The Court held that Notification No. 505/FSS-1/2021, dated 06.01.2021, is not illegal, arbitrary, unconstitutional, or ultra vires the COTPA Act, 2003. The Court reasoned that tobacco products, as defined by their ingredients, fall within the definition of 'food' under Section 3(i) of the FSSA. Furthermore, Section 89 of the FSSA explicitly states that its provisions have an overriding effect on all other food-related laws. Therefore, the FSSA, and consequently the impugned notification issued under it, would hold sway over the COTPA Act in this context. The Court found that the restrictions imposed by the notification are in the larger public interest, aiming to save human lives and combat diseases like cancer, and constitute reasonable restrictions on the right to carry on trade guaranteed under Article 19(1)(g) of the Constitution. The Court referred to a Division Bench judgment of the Bombay High Court that dealt with similar issues. 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 06.01.2021, issued by the Commissioner of Food Safety, Telangana. This notification prohibited the sale of gutka, pan masala, and other tobacco products containing any of the nine 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 the Food Safety and Standards Authority of India were respondents. The petitioners also filed interim applications 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 was issued without proper authority and in violation of principles of natural justice. They relied on the principle that a specific law (COTPA Act) should prevail over a general law (FSSA) in case of conflict. Revenue/State's arguments: The respondents argued that tobacco products, specifically those containing the listed ingredients, fall within the definition of 'food' as per Section 3(i) of the FSSA. They asserted that Section 89 of the FSSA grants overriding effect to its provisions over other food-related laws. They also contended that the restriction imposed by the notification was a reasonable restriction in the larger public interest, aimed at protecting public health, especially in light of the high mortality rates associated with the consumption of such products, and did not violate Article 19(1)(g) of the Constitution.