LODHA R.M., J.:---On 23-7-2002 the Commissioner, Food and Drug Administration and Food (Health) Authority for the State of Maharashtra issued an order prohibiting for a period of 5 years with effect from 1-8-2002 the sale of Gutka and Pan Masala containing tobacco or not containing tobacco by whatever name called, in the State of Maharashtra and, accordingly, directed that no person shall himself or any person on his behalf, shall manufacture for sale, or store, sell or distribute Gutka or Pan Masala containing tobacco or not containing tobacco. The order was issued by Food (Health) Authority for the State of Maharashtra in the exercise of powers conferred by Clause (iv) of section 7 of the Prevention of Food Adulteration Act, 1954. The order dated 23rd July 2002 reads thus:

"COMMISSIONER, FOOD AND DRUG ADMINISTRATION AND FOOD (HEALTH) AUTHORITY, MAHARASHTRA STATE

Bandra Kurla Complex, Bandra (East),

Mumbai 400 051.

Dated the 23rd July, 2002.

ORDER

PREVENTION OF FOOD ADULTERATION ACT, 1954.

No. PFA/NOTIFICATION/574-2002/7. WHEREAS Rule 42(zzz) of the Prevention of Food Adulteration Rules, 1955, framed under the Prevention of Food Adulteration Act, 1954 (37 of 1954) (hereinafter