Andhra Pradesh High Court: State Commissioner Of Food Safety Has No Authority in Order to Impose Ban on Sale and Manufacture of Pan Masala, Gutka

The Andhra Pradesh High Court in the case Dasa Shekar v. The State of A.P. observed and has held that the Commissioner of Food Safety, Andhra Pradesh is neither being authorized nor having any jurisdiction to issue the notification, wherein it prohibited the manufacture and sale of Tobacco Pan Masala with regards to the powers conferred under Section 30(2)(a) of the Food Safety and Standard Act, 2006.

The bench headed by Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu in the case observed and has stated that when the ban on Tobacco and on the Tobacco products has not been imposed directly by the Parliament, therefore, the authorities under the Food Safety and Standard Act, 2006, cannot do so indirectly, as the same has not been intended which is to be done by the Parliament directly.

In the present case, the batch of writ petitions were filed, wherein challenging the constitutional validity of the notifications issued by the Commissioner of Food Safety, by invoking Section 30(2)(a) of FSSA, 2006 thus, the court prohibiting the manufacture, storage, distribution, transportation and sale of Gutka or Pan Masala which contains Tobacco and Nicotine as ingredients and chewing tobacco products etc and the same being within the meaning of Section 3(m) and Section 3(p) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

Therefore, all the writ petitions were being heard together and the court disposed of by the common order.

The court stated that it is declared that the Commissioner of Food Safety, Andhra Pradesh is neither authorized nor having any jurisdiction to issue the impugned notification, wherein prohibiting the manufacture, storage, distribution, transportation and sale of Gutka or Pan Masala which contains Tobacco and Nicotine as ingredients and Chewing Tobacco products, within the meaning of Section 3(m) and Section 3(p) of the COTPA, 2003, in exercise of powers conferred under Section 30(2)(a) of the FSSA, 2006.