DESIGNATED OFFICER Vs. JAYAVILAS TOBACCO TRADERS LLP

JUDGEMENT

(1.) 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 Sec. 30 (2) (a) of The Food Safety and Standards Act, 2006, the Criminal Prosecution in CC No.129 of 2018 under Sec. 59(i), 58 and 63 of the said Act launched for violation of the ban have been tagged along with the Writ Appeal which challenges the judgment of the Writ Court made in WP No.21 of 2017 striking down the notices issued by the Authorised Officer under the Food Safety and Standards Act, seeking to prosecute the respondent in the Writ Appeal for sale of Tobacco products.

(2.) The respondent in the Writ Appeal challenged the notices issued by the Authorised Officer under the Food Safety and Standards Act, 2006 seeking to prosecute it for violation of the ban imposed by the Commissioner for Food Safety by making available Tobacco products in the market. The Writ Court following the earlier pronouncements of this Court in Criminal OP (MD) No.5505 of 2015 and the judgment of the Hon'ble Supreme Court in Godawat Pan Masala Products I.P. Ltd and Another v. Union of India and Others, reported in 2004 (7) SCC 68, concluded that the respondent cannot be prosecuted since Tobacco is covered under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as the COTPA). The State is on Appeal against the judgment of the Writ Court.

(3.) The Writ Petition No.3084 of 2019 has been filed by a Tobacco manufacturer challenging the notification issued by the Commissioner of Food Safety dtd. 23/5/2018 banning Manufacture, Storage, Transport, Distribution or sale of chewable food products, Gutka, Pan Masala, containing Tobacco and/or Nicotine as "ingredients" in the State of Tamil Nadu for a period of one year from 23/5/2018 invoking the power vested in him under Clause (a) of Sub Sec. 2 of Sec. 30 of the Food Safety and Standards Act, 2006 (hereinafter referred to as the FSS Act). The Writ Petition No.3076 of 2019 has also been filed by the petitioner in WP No.3084 of 2019 challenging the criminal proceedings initiated against it under Ss. 59(i), 58 and 63 of the Food Safety and Standards Act, for the sale of banned Tobacco products.