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PRASHANT KUMAR MISHRA, D. V. S. S. SOMAYAJULU
Dwarapudi Sivarama Reddy – Appellant
Versus
Union of India – Respondent
JUDGMENT
PRASHANT KUMAR MISHRA, J. - In this batch of writ petitions, petitioners challenge the constitutional validity of the impugned notifications, i.e. notification No.318/FSSAMP/2014-20, dtd. 8/1/2020, published on 10/1/2020, and notification No.318/FSSA/AP/2014-21 dtd. 6/12/2021, issued by the Commissioner of Food Safety, by invoking Sec. 30(2)(a) of the Food Safety and Standard Act, 2006 (for short, "the FSSA, 2006") thereby prohibiting the manufacture, storage, distribution, transportation and sale of Gutka/Pan Masala which contains Tobacco and Nicotine as ingredients and chewing tobacco products etc., within the meaning of Ss. 3(m) and 3(p) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, "the COTPA, 2003"); as such, the writ petitions are heard together and disposed of by this common order.
2. Challenge to the notification is mainly on the ground that the Central Government is levying and collecting excise duty on the production of Tobacco products under the Central Excise Act, 1944 and that Tobacco and Tobacco related products are regulated under the C
Point of law: Section 89 of the FSSA, gives the provisions of the FSSA, an overriding effect on all other food related laws. Once it is held that tobacco and other products, fall within the definitio....
Restriction imposed trade and business in chewing/chewable tobacco products is in larger public interest and is a reasonable restriction and in no way offends right to carry on trade guaranteed under....
The main legal point established in the judgment is that chewing tobacco containing food additives does not fall within the definition of 'food' under the Food Safety and Standards Act, 2006, and sho....
Tobacco is classified as 'food' under the Food Safety and Standards Act, allowing for regulation despite claims of it being inherently harmful.
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