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K.G.BALAKRISHNAN, B.N.SRIKRISHNA
Godawat Pan Masala Products I. P. LTD. – Appellant
Versus
Union Of India – Respondent
Judgment
Srikrishna, J.-Leave granted in the special leave petitions and the writ petition is admitted.
2. These appeals and writ petition arise from different areas and, though marginally differing on facts, raise substantially similar issues of law. They can, therefore, be conveniently disposed of by a common judgment.
3. The common issue raised for consideration of this Court in all these cases is the validity of notifications issued by the Food (Health) Authority under Section 7(iv) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the ‘Act’) by which the manufacture, sale, storage and distribution of pan masala and gutka (pan masala containing tobacco) were banned for different periods. We shall take the facts in the civil appeal arising out of special leave petition No. 24449 of 2002 as typical of the cases.
Facts :
Civil Appeal arising out of SLP (C) No. 24449 of 2002
4. The appellants manufacture gutka within the state of Maharashtra, which is stored in convenient godowns and sold both within and outside the state of Maharashtra. By a notification dated 23rd July, 2002 issued by the Commissioner, Food and Drug Administration and Food (Health) Authorit
None of the cases explicitly indicate that they have been overruled, reversed, or treated as bad law. The list does not contain language such as "overruled," "reversed," or "criticized" in relation to any specific case. Therefore, no cases are identified as bad law based on the provided information.
Followed/Settled Law:
Dwarapudi Sivarama Reddy VS Union of India - 2023 0 Supreme(AP) 594: "It is settled by the Hon'ble Supreme Court in Godawat Pan Masala Products I.P. Ltd." This indicates that the case is considered settled law and has been accepted as authoritative or binding in subsequent legal reasoning.
Uppara Veerendra VS State of Andhra Pradesh - 2021 0 Supreme(AP) 1000: Reference to the Apex Court's reasoning in Godawat Pan Masala Products I.P. Ltd. suggests reliance on a precedent that is considered good law.
State of A. P. VS National Thermal Power Corporation LTD. - 2002 3 Supreme 400: The discussion regarding the interpretation of electricity duty laws appears to be based on established legal principles, likely following or consistent with prior rulings.
State Of T. N. VS K. Sabanayagam - 1997 10 Supreme 324: The detailed procedural and jurisdictional points seem to be based on settled principles of law governing tribunals and courts, indicating adherence to established legal doctrine.
B. R. Enterprises: Gujarat Lottery Sellers Asson: State Of U. P. : State Of U. P. : Union Of India: State Of C. T. P. : Government Lotteries Agents And Seller Association (R) : N. C. T. Of Delhi: State Of U. P. : State Of U. P. : Union Of India: G VS State Of U. P. : State Of Gujarat: State Of Nagaland: State Of Mizoram: State Of Nagaland: Jyoti And Company: Union Of India: State Of Nagaland: Jyoti Agencies: State Of Nagaland: S. M. Agency: Nahata And Company: Lottery Dealers Asson: D. R. Rajasekar: K - 1999 4 Supreme 472: The description of constitutional interpretation aligns with standard legal analysis, suggesting it is consistent with settled constitutional law.
Distinguished/Clarified:
The references to the case Godawat Pan Masala Products I.P. Ltd. in Uppara Veerendra VS State of Andhra Pradesh - 2021 0 Supreme(AP) 1000 and Dwarapudi Sivarama Reddy VS Union of India - 2023 0 Supreme(AP) 594 imply that subsequent courts have relied on it to clarify or reinforce legal positions, but do not suggest it has been overruled or criticized.
The detailed legal points in Allahabad Bank VS Canara Bank - 2000 3 Supreme 205 and State Of T. N. VS K. Sabanayagam - 1997 10 Supreme 324 seem to clarify procedural and jurisdictional boundaries, indicating these cases are used to distinguish or interpret legal principles rather than being overruled.
Uncertain Cases:
All cases seem to be presented as part of ongoing legal reasoning without explicit indication of being overruled or reversed. The absence of negative treatment language makes the treatment pattern clear: they are either followed or used as authoritative references.
The treatment of the case in B. R. Enterprises: Gujarat Lottery Sellers Asson: State Of U. P. : State Of U. P. : Union Of India: State Of C. T. P. : Government Lotteries Agents And Seller Association (R) : N. C. T. Of Delhi: State Of U. P. : State Of U. P. : Union Of India: G VS State Of U. P. : State Of Gujarat: State Of Nagaland: State Of Mizoram: State Of Nagaland: Jyoti And Company: Union Of India: State Of Nagaland: Jyoti Agencies: State Of Nagaland: S. M. Agency: Nahata And Company: Lottery Dealers Asson: D. R. Rajasekar: K - 1999 4 Supreme 472 regarding constitutional validity appears to be standard constitutional analysis, with no indication of it being questioned or overruled.
None of the cases show explicit signs of being overruled, reversed, or criticized based on the information provided. Their treatment appears consistent with standard legal referencing and interpretation.
The treatment status of these cases remains clear: they are either considered settled law or used for clarification, with no evidence of negative treatment or invalidation.
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