DHARIWAL INDUSTRIES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable in the first week of July 2013. Heard the learned counsel on the question of interim relief. The writ petitioners are companies engaged in the business of manufacture, supply and distribution of pan masala containing tobacco (known as gutka) and pan masala not containing tobacco. The petitioners claim to have licences and permissions under the Prevention of Food Adulteration Act, 1954 which is now replaced by the Food Safety and Standards Act, 2006 and the other legislations. According to the learned counsel for the petitioners in five petitions, the petitioners' factories are situate outside the State of Maharashtra.

(2.) The petitioners have challenged the validity of the following provisions of two different Regulations under the Food Safety and Standards Act, 2006 ("the Food Safety Act " or FSS Act or Act of 2006") as well as the statutory order dated 19 July 2012 of the Commissioner of Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are -

(3.) By the impugned order dated 19 July 2012, the Commissioner of Food Safety, Maharashtra State (the Food Safety Commissioner) after referring to the harmful effects of the ingredients being used in gutka or Pan Masala including carcinogenic and co-carcinogenic effects etc., in exercise of the powers conferred by Section 30(2)(a) of the Food Safety Act, has in the interest of public health, prohibited manufacture, storage, distribution or sale of Gutka or Pan Masala containing either tobacco and/or nicotine or Magnesium Carbonate as ingredients, by whatsoever name these are available in the market and any other products marketed separately to constitute as Gutka or Pan Masala etc. as final products in the State of Maharashtra, for a period one year from the date of publication of the order in the Maharashtra Government Gazette. The order was published in the Maharashtra Government Gazette on 20 July 2012.