The Apex Court has put a stay on the Madras High Court’s judgement that imposed a ban on sale of Gutka, Pan Masala, and many other chewable food products that contain tobacco or nicotin.
In the State of Tamil Nadu vs Jayavilas Tobacco Traders LLP case, the Supreme Court has stayed a Madras High Court judgment that had quashed the government ban on the sale of tobacco products like gutka and pan masala in Tamil Nadu.
The order of the High Court was stayed by a bench of Justice KM Joseph and Justice BV Nagarathna for 3 months after hearing the counsel representing all parties.
The Court said that it believes that the petitioners have made out a case to stay the impugned judgment as to paragraph 13. Stay is for a period of three months.
The Apex Court was hearing appeals filed by the State against a January 2023 Madras High Court judgment that ruled that the none of the Central or State laws on sale and consumption of tobacco and food safety provide for any permanent ban on tobacco and tobacco products.
The High Court bench of Justice R Subramanian and Justice K Kumaresh Babu had held that precisely no government authorities can impose such ban on sale of tobacco products indefinitely.
Accordingly, it had quashed a 2018 notification banning the sale of gutka, pan masala, and other tobacco products in Tamil Nadu.
The notification was issued by the Commissioner of Food Safety and Drugs Administration Department, Tamil Nadu under the Food Safety and Standards Act (FSS Act) of 2006 imposing a ban on the manufacture, storage, transport, distribution, or sale of chewable food products, guthka, pan masala, and any other products containing tobacco or nicotine as ingredients for a period of one year.
The High Court had reasoned that the Commissioner had no power under the Act to impose such complete prohibition.
The Supreme Court had issued notice in the matter on March 3.
Senior Advcocate Kapil Sibal, appearing for the State government, told the Supreme Court on Tuesday that the prohibition imposed by the State was on a food article that causes cancer.
Senior Advocate Abhishek Manu Singhvi, who represented one of the respondents, argued that the power for such an absolute ban lay with Parliament alone, and not State legislature.
He added that chewing tobacco is admittedly not food. It is a paradox, but it is not ingested but taken for flavour in mouth and then spit out.