LAL BABU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Pushkar Narain Shahi, learned AAG-14 for the State.

(2.) Petitioner is a distributor of Paan Masala including Gutka and Jarda. He has filed this writ petition questioning the validity of the order bearing Memo No. 29 dated 30.5.2012, Annexure-1 to the writ petition whereunder Respondent-Commissioner of Food Safety exercising powers under Food Safety and Standards Act, 2006 and Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 prohibited manufacture, storage, sale or distribution of Gutka and Paan Masala containing Tobacco or nicotine as ingredients within the State of Bihar.

(3.) Aforesaid challenge is made on the ground that the impugned order dated 30.5.2012, Annexure-1 is contrary to the provisions of Sections 4 to 6 of the Tobacco Act i.e. Act 34 of 2003 which prohibit sale of tobacco products to a child below 18 years of age. The impugned order, however, provides for complete prohibition of manufacture, storage and sale or distribution of Gutka and Paan Masala containing tobacco or nicotine as ingredient in the entire State of Bihar without confining the prohibition on sale or distribution to a child below 18 years of age. In this connection, learned counsel for the petitioner has relied on the judgment of the Hon'ble Supreme Court in the case of Godawat Pan Masala Products India Pvt. Ltd. and another Vrs. Union of India and others, 2004 7 SCC 68, paragraphs 35 and 41. Perusal of the judgment in the case of Godawat Pan Masala Products India Pvt. Ltd. & another would indicate that thereunder Hon'ble Supreme Court ruled that manufacture, sale or distribution of tobacco and tobacco products including Gutka and Paan Masala can be regulated with reference to the Tobacco Act i.e. Act 34 of 2003 and the Prevention of Food Adulteration Act, 1954 shall have no application in regulating the tobacco and tobacco products. Reliance in this connection is placed on paragraph 41 of the judgment in the case of Godawat Pan Masala Products India Pvt. Ltd. & another , which is quoted below for ready reference: