Ujjal Bhuyan, J.

In WP(C) Nos.1583/2014, 1824/2014, 1996/2014 and 2382/2014, petitioners have challenged the constitutional validity of the Assam Health (Prohibition of Manufacturing, Advertisement, Trade, Storage, Distribution, Sale and Consumption of Zarda, Gutka, Pan Masala, etc containing Tobacco and/or Nicotine) Act, 2013 and have sought for striking down of the same as being unconstitutional and void. On the other hand, petitioner in PIL No.17/2015 seeks a direction to the State respondents to implement the provisions of the said Act in its letter and spirit.

2. We have heard Mr. D.K. Mishra, learned Senior counsel, Mr. S. Pathak, Mr. A.K. Sharma and Mr. B. Prasad, learned counsel for the petitioners in the writ petitions, Mr. S. Dutta, learned Senior counsel and Mr. J. Roy, learned counsel for the PIL petitioner and Mr. D. Saikia, learned Senior Additional Advocate General, Assam assisted by Mr. B. Gogoi, learned Standing Counsel, Health Department for the respondents.

3. Mr. Mishra, learned Senior counsel, leading the arguments on behalf of the petitioners in the four writ petitions, had in the course of the hearing, highlighted the facts in WP(C) No.1583/2014 as the lead case. Accordingly, WP(C) No.1583/2014 is being taken up as the lead case.

4. In this case, petitioner is M/s. Dharampal Satyapal Limited, a company incorporated under the Companies Act, 1956, having its registered office at New Delhi and one of its factories at Bamunimaidam Industrial Estate, Guwahati. M/s. Dharampal Satyapal Limited (petitioner company hereinafter) is engaged in the business of manufacturing and sale of Pan Masala (without tobacco), Gutka, Chewing Tobacco including Zafrani Zarda, etc which are industrial produce and are subject to excise duty. Union Parliament enacted the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, COTPA) and the Tobacco Board Act, 1975. COTPA has been enacted as a comprehensive law on tobacco products in public interest and to protect public health taking into account the mandate of Article 47 of the Constitution of India and other international obligations. COTPA covers all tobacco products including smoking and smokeless tobacco. While advertisement is prohibited; production, supply, distribution, trade and commerce in cigarettes and other tobacco products are regulated.

5. Notwithstanding the presence of COTPA, State legislature of Assam enacted the Assam Health (Prohibition of Manufacturing, Advertisement, Trade, Storage, Distribution, Sale and Consumption of Zarda, Gutka, Pan Masala, etc containing Tobacco and/or Nicotine) Act, 2013 (for short, the Assam Health Act). 20.02.2014 was the date notified for making the Assam Health Act effective. While excluding smoking tobacco from its purview, Assam Health Act imposes a complete prohibition in the manufacture, advertisement, storage, trade, distribution, sale and consumption of chewing tobacco, such as, zarda, gutka, pan masala etc containing tobacco and/or nicotine.

6. Petitioners have assailed the constitutionality of the Assam Health Act in this bunch of writ petitions on various grounds. Firstly, it is contended that Assam legislature lacks legislative competence to enact the Assam Health Act inasmuch as Parliament has already enacted a comprehensive legislation on the same subject called COTPA. Tobacco industry is a controlled industry under the Union being covered by Entry-52 of List-I of the 7th Schedule to the Constitution of India. Therefore, State legislature is denuded of its power to legislate on matters covered by COTPA in view of Article 246(1) of the Constitution of India. It is also contended that the provisions of the Assam Health Act are repugnant to COTPA and therefore void by operation of Article 254(1) of the Constitution of India.

7. Further contention of the petitioners is that the Assam Health Act has encroache