State Commissioner Of Food Safety Lacks Authority To Impose Ban On Sale Of Gutka & Pan Masala: AP HC

The Andhra Pradesh High Court has recently ruled that the Commissioner of Food Safety, Andhra Pradesh, lacked the authority and jurisdiction to issue the notification prohibiting the manufacture and sale of Tobacco Pan Masala in accordance with Section 30(2)(a) of the Food Safety and Standard Act, 2006 (FSSA, 2006).

The bench of Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu stated that when the ban on tobacco and tobacco products is not imposed directly by the Parliament, the authorities under the FSSA, 2006, cannot do so indirectly because it was not intended to be done directly by the Parliament.

A slew of writs pleas were filed challenging the constitutionality of the Commissioner of Food Safety’s notifications, invoking Section 30(2)(a) of the FSSA, 2006, thereby prohibiting the manufacture, storage, distribution, transportation, and sale of Gutka/Pan Masala containing Tobacco and Nicotine as ingredients, as well as chewing tobacco products, etc., within the meaning of Sections 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 (COTPA, 2003).

All the writ petitions were heard together and disposed of by the common order.