JUDGMENT :

S.K. Mishra, J.

1) Following mixed questions of facts and law and also pure questions of law arise for determination in this case:-

(i) Whether chewing tobacco containing food additives comes within the definition of “food” under the Food Safety and Standards Act, 2006 (hereinafter referred to as ‘the FSSA” for brevity)?

(ii) Whether the Commissioner of Food Safety has jurisdiction to permanently prohibit chewing tobacco containing food additives under the provisions of the FSSA?

(iii) Whether the tobacco industry and food industry are two distinct and separate industries – one, falling under 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 “the COTPA” for brevity)?

(iv) Whether scheduled tobacco product cannot be treated as “food” under the FSSA in spite of the fact that food additives are found in the finished goods and it remains essentially a tobacco product to be regulated under the COTPA and not under the FSSA?

(v) Whether the impugned advisory and notification(s) 21st dated September, 2017 (Annexure 4), 18.12.2018 (Annexure 5) and 12.01.