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GAURANG KANTH
Sugandhi Snuff King Pvt. Ltd. – Appellant
Versus
Commissioner (Food Safety) Government of NCT of Delhi – Respondent
JUDGMENT
Gaurang Kanth, J. The present writ petitions under Article 226 of the Constitution of India raise a common question of law, arising in similar circumstances; hence, they are dealt with and disposed of by a common judgment.
2. The present batch of petitions challenge the legality and validity and seek quashing of the Notification bearing No. F.1(3)DO-I/2012/10503-10521 dated 25.03.2015 and subsequent Notifications dated 13.04.2016, 13.04.2017, 13.04.2018, 13.04.2019, 15.07.2020 and 06.08.2021 ("impugned Notifications") issued by the Commissioner of Food Safety, Government of National Capital Territory of Delhi ("NCT of Delhi") in view of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 ("Regulation 2.3.4") in purported exercise of power under Section 30(2)(a) of Food Safety and Standards Act, 2006 ("FSSA") on the grounds of being arbitrary and ultra vires the FSSA and violative of the fundamental and other legal rights of the Petitioners.
3. The Impugned Notifications sought to prohibit the manufacture, storage, distribution or sale of Gutka, Pan Masala, flavoured/scented tobacco, Kharra and similar products in the
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....
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....
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 Commissioner of Food Safety, Andhra Pradesh, has no authority or jurisdiction to issue notifications prohibiting the sale of Tobacco products within the meaning of Sections 3(m) and 3(p) of the C....
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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