Arijit Banerjee, J. - (1.) These two writ petitions involve common questions of law and facts and are taken up together for hearing and disposal.
(2.) The primary prayer in these writ applications is for issuance of a declaratory writ to the effect that the petitioners are producers within the meaning of Sec. 3(k) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (in short COTPA) and are outside the scope and applicability of the Food Safety and Standards Act, 2006 (in short FSSA) and Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 (in short FSS Regulations). The petitioners have also challenged a notification dated 29 September, 2014 issued by the Commissioner of Food Safety, West Bengal prohibiting Zarda, Khaini, and all tobacco products in the State of West Bengal in exercise of powers under Sec. 30(2)(a) of the FSSA read with Regulation 2.3.4 of the FSS Regulations. Contention of the writ petitioners:-
(3.) Fssa and FSS Regulations framed thereunder are applicable only to the food products as defined and standardized under the said Act and the Regulations. The said Act and the Regulations made thereunder have no applicability in respect of the trade and commerce, production, supply and distribution of those products which have been defined as Tobacco products under Sec. 3(p) of the COTPA.;