ORDER :

1. Though different notifications have been challenged in this batch of writ petitions, in substance, the issue raised in this batch of writ petitions is concerning the powers of the Commissioner of Food Safety and any other officer of the State Government in 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 Sections 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.

2. Similar issue has been decided by this Court in W.P. No. 30185 of 2021 and batch, vide common order dated 24.03.2023. The operative portion of the said order reads as follows:

“34. In view of the above discussion, the legal position is abundantly clear that the COTPA, 2003 is a special Act specifically dealing with Tobacco and Tobacco products by including Pan Masala or any chewing material having Tobacco as one of its ingredients by whatever name called. The FSSA, 2006 being a general Act, provides that it is an Act to consolidate the l