K P SUGANDH LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners of these two writ petitions have questioned the legality, correctness and constitutional validity of the order dated 31-12-2007 passed by the Controller, Food and drugs Administration and Food (Health) Authority, chhattisgarh in purported exercise of power conferred under Section 7 (iv) of the prevention of Food Adulteration Act, 1954 (37 of 1954) (for short hereinafter referred to as 'act 37 of 1954' ). Since both these petitions raise identical issue of law and, therefore, they are being disposed of by a common order.

(2.) THE petitioner in W. P. No. 207/2008 is a limited company. It manufacturers Pan masala and Gutka which is a chewable Pan masala blended with tobacco. The Dy Director, Food and Drugs, the competent authority under the Act 37 of 1954 and the rules framed thereunder, granted licence for manufacturing, stocking and distribution of the product vide order of Annexure P-3 dated 13-2-2007 whereas trie petitioner of the W. P. No. 208/2008 is a society registered under the Societies Registration Act and is engaged in trading in various brands of Pan masala containing tobacoo i. e. Gutka manufactured within the State of Chhattisgarh and other States. The respondent No. 2, an authority constituted under the provision of the Act 37 of 1954, in the purported exercise of the power conferred under Section 7, part (iv) of the Act 37 of 1954 has banned the sale of tobacco blended Gutka by whichever name it is known in the State of chhattisgarh, for a period of five years with effect from 1st January. 2008 and has further directed that no person either personally or through any other person for him shall, for the purposes of sale, manufacture or storage, sell or distribute tobacco blended gutka, by whichever name it is known, with effect from 1st January, 2008 for a period of five years.

(3.) THE grounds formulated by the petitioners for impugning the notification are as under :-