TOBACCO CONTROL LAWS

State of Maharashtra v. Sayyed Hassan Sayyed Subhan

The government appealed a Bombay High Court order that overturned police action prosecuting individuals for violations of the Maharashtra gutkha ban under the Indian Penal Code. The Supreme Court reversed the Bombay High Court's finding regarding Indian Penal Code (IPC) prosecution, noting that there is no prohibition on IPC prosecution merely because provisions in the Food Safety Standards Act prescribe penalties. The Supreme Court remanded consideration of specific IPC offenses against the individuals to the Bombay High Court.

State of Maharashtra v. Sayyed Hassan Sayyed Subhan, Criminal Appeal No. 1195, Supreme Court of India (2018).

  • India
  • Sep 20, 2018
  • Supreme Court of India
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Parties

Plaintiff State of Maharashtra

Defendant Sayyed Hassan Sayyed Subhan

Legislation Cited

Food Safety and Standards Act, 2006

Indian Penal Code

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

None

Substantive Issues

Criminal Violation
A claim of an infringement of any criminal law.

Type of Tobacco Product

None

"There is no dispute that Section 55 of the FSS Act provides for penalty to be imposed for non compliance of the requirements of the Act, Rules or Regulations or orders issued thereunder by the Food Safety Officer. But, we are afraid that we cannot agree with the conclusion of the High Court that non compliance of the provisions of the Act, Rules or Regulations or orders cannot be subject matter of a prosecution under IPC unless expressly or impliedly barred..."
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