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2012 Supreme(Ker) 854

A.M.SHAFFIQUE
K. V. Joshy – Appellant
Versus
State of Kerala, Rep. by the Secretary to the Department of Health and Welfare, Government Secretariat – Respondent


Advocates appeared:
For the Petitioner:P. Vijaya Bhanu, Senior Advocate, S.K. Premraj, C.S. Manu, Advocates.
For the Respondent:R1 to R4, Tom K. Thomas, Government Pleader, R5, Addl, Shaji P. Chaly, K.S. Sumitha, K. Jasmin Baby, R. Sanjith, Lijitta G. Mathew, Advocates.

Judgment :

These writ petitions arise out of the common issue relating to "chewing tobacco" and the steps taken by the official respondents in preventing the supply and sale of the said products in the State of Kerala as violating the provisions of Food Safety and Standards Act, 2006 (hereinafter referred to as the FSS Act) and hence decided by a common judgment.

2. W.P.C.No.13580 of 2012 is filed by Dealers of Tobacco Products, who alleges that while transporting chewing tobacco from Delhi, the vehicles were intercepted at the Excise Check Post at Valayar on 02/06/2012 on the allegation that the sale of panmasala is prohibited in the State of Kerala. Though they had represented that the ban of panmasala does not apply to chewing tobacco, the goods are not permitted to be brought to State of Kerala. It is their contention that though the Government had passed Ext.P9 order banning the manufacture, storage, sale or distribution of gutkha and panmasala containing tobacco or nicotine as ingredients in pursuance of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations 2011 (hereinafter referred to as the Regulations of 2011), the said prohi




















































































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