DWARAPUDI SIVARAMA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of writ petitions, petitioners challenge the constitutional validity of the impugned notifications, i.e. notification No.318/FSSAMP/2014-20, dtd. 8/1/2020, published on 10/1/2020, and notification No.318/FSSA/AP/2014-21 dtd. 6/12/2021, issued by the Commissioner of Food Safety, by invoking Sec. 30(2)(a) of the Food Safety and Standard Act, 2006 (for short, "the FSSA, 2006") thereby prohibiting the manufacture, storage, distribution, transportation and sale of Gutka/Pan Masala which contains Tobacco and Nicotine as ingredients and chewing tobacco products etc., within the meaning of Ss. 3(m) and 3(p) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, "the COTPA, 2003"); as such, the writ petitions are heard together and disposed of by this common order.

(2.) Challenge to the notification is mainly on the ground that the Central Government is levying and collecting excise duty on the production of Tobacco products under the Central Excise Act, 1944 and that Tobacco and Tobacco related products are regulated under the COTPA, 2003 in respect of prohibition of advertisement, prohibition on sale on minors, prohibition on consumption in public places by making provisions for packing and labelling, as also statutory warning; therefore, Tobacco is not a food product so as to empower the State Government to issue the impugned notification.

(3.) It is stated that Government of India by its office memorandum dtd. 13/2/2012 has clarified that anything containing Tobacco is covered under the COTPA, 2003 and a clarification to this effect has been issued on 22/2/2012 by the Ministry of Finance, Government of India. The FSSA, 2006 has also clarified that Zarda, Khaini etc., are pure Tobacco products and are not covered under the FSSA, 2006.