Back
R. SUBRAMANIAN, K. KUMARESH BABU
Designated Officer, The Food Safety & Drugs Control Dept. – Appellant
Versus
Jayavilas Tobacco Traders LLP – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court dated 09.06.2017 passed in W.P.No.21 of 2017.
Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking: in WP 3076 of 2019: to issue a Writ of Certiorari Calling for the records pertaining to private Compliant preferred by the 3rd respondent in C.C.No.129 of 2018 on the file of the Judicial Magistrate No.II, Ariyalur, quash the same. in WP 3084 of 2019: to issue a Writ of Certiorari Calling for the records pertaining to the Government Order vide Tamil Nadu Government Gazette, Extraordinary No.184 (No.1418/2013/S8/FSSA) dated 23.05.2018, quash the same.
The Writ Petitions, in which challenge is to the order of the Commissioner of Food Safety imposing a ban and sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products by whatever name called containing Tobacco and/or Nicotine as ingredients invoking the power under Section 30 (2) (a) of The Food Safety and Standards Act, 2006, the Criminal Prosecution in CC No.129 of 2018 under Section 59(i), 58 and 63 of the said Act launched for violation of the ban hav
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
