INDIRA BANERJEE, J.

1. This writ petition under Article 226 of the Constitution of India, filed in public interest by a Member of the Legislative Assembly in the State of Tamil Nadu, elected from the Chepauk-Triplicane Legislative Assembly Constituency, is directed against the illegal manufacture and sale of chewable forms of tobacco like Gutkha and Pan Masala, which are believed to cause life threatening and/or fatal ailments such as cancer, inter alia, in the State of Tamil Nadu.

2. The Food Safety and Standards Act, 2006, hereinafter referred to as “the Food Safety Act”, has been enacted to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

3. Some of the relevant provisions of the Food Safety Act are set out herein below for convenience:

“Section 3. Definitions.

(1) In this Act, unless the context otherwise requires,

(a) “adulterant” means any material which i