I.A. Ansari, J.

The present set of writ petitions involve common question of fact and raise common questions of law; hence, these writ petitions have been heard together by the consent of the parties for final disposal and are being disposed of by this common judgment and order.

2. The petitioners are manufacturers of tobacco products, such as Pan Masala and Zarda. The petitioners are aggrieved by the orders of the Commissioner of Food Safety, Patna, whereby the Commissioner, in exercise of powers, under Section 30(a) of the Food Safety and Standards Act, 2006, has prohibited the manufacture, storage, distribution or sale of Zarda, Pan Masala and Gutkha.

3. The petitioners contend that the Food Safety and Standards Act, 2006, and the Regulations made thereunder do not operate as a prohibition on Manufacture, Production, Marketing, Storage and other allied activities of the Scheduled Tobacco products within the meaning and definition of the Cigarettes and other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003 (hereinafter referred to as COTPA). It is the case of the petitioners that as the petit