NEW DELHI: The Delhi High Court has quashed the notifications of the Food Safety Commissioner prohibiting the manufacture, storage, and sale of gutka, pan masala, tobacco, and similar products in the national capital.
The court said the notifications, issued from time to time from 2015 to 2021 in the interest of public health, were brought out in a mechanical manner and the authorities exceeded the powers vested in them.
“Undisputedly, this court agrees that tobacco and nicotine are injurious to health, however, the present case involves certain questions of law which cannot be decided merely on the basis of public conscious and sentiments but have to be decided and settled based on the fair interpretation of the law in the light of the judicial precedents,” Justice Gaurang Kanth said in a 162-page judgment passed on Tuesday.
“This court is of the considered view that while issuing the notifications, the Commissioner of Food Safety exceeded its power and authority in contravention of the powers vested in him under the FSSA and therefore, the said impugned notifications are hereby quashed and set aside. The present writ petitions are allowed,” Justice Kanth said.
The court’s observation came after a batch of petitions was filed by various businesses who have for a long time been engaged in the manufacture, trade, distribution and sale of scheduled chewing tobacco products, both flavoured and scented. The petitioners argued that the notifications were arbitrary and violative of their fundamental rights.