N.K.BALAKRISHNAN
K. S. Shajahan – Appellant
Versus
State of Kerala – Respondent
1. Common questions of law have been raised by the learned counsel appearing for the parties and hence, these matters are disposed of by a common judgment.
2. One of the contentions raised by the petitioners in these cases is that in order to attract section 6 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003), the sale of tobacco products should be to a person who is under 18 years of age and the sale must also be in an area within a radius of one hundred yards of any educational institution.
3. Section 6 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003) reads as follows:
"No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product - (a) to any person who is under eighteen years of age, and (b) in an area within a radius of one hundred yards of any educational institution."
4. The petitioners contend that since the word 'and' is used conjunctively those two conditions should be satisfied to hold that a
State of Jharkhand v. Govind Singh (2005) 10 SCC 437
Supreme Paper Mills Limited V. Assistant Commissioner, Commercial Taxes
Shyam Kishori Devi v.Patna Municipal Corpn [AIR 1966 SC 1678].
Komalan v. State of Kerala [2008 (1) KLT 340].
T Barai v. Henry [AIR 1983 SC 150]
Association of Natural Gas v. Union of India [(2004) 4 SCC 489]
A.S. Krishna v. State of Madras AIR 1957 SC 297
Government of A.P. V. P. Laxmi Devi (2008) 4 SCC 720.
R. Kalyani v. Janak C. Mehta and others (2009) 1 SCC 516.
Satheedevi v. Prasanna [(2010) 5 SCC 622].
Vijayanarayan Thatte v. State of Maharashtra [2009 (9) SCC 92]
Offshore Holdings (P). Ltd v. Bangalore Development Authority (2011) 3 SCC 139
Central Bank of India v. State of Kerala (2009) 4 SCC 94
Hoechst Pharmaceuticals Ltd. v. State of Bihar (1983) 4 SCC 45
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