Yadav et al. v. State of Bihar, et al.

Lal Babu Yadav, a distributor of Paan Masala, filed a writ petition challenging the validity of a law that prohibits the manufacture, storage, sale or distribution of Gutka and Paan Masala containing tobacco or nicotine.  Yadav claimed that the ban is contrary to the provisions of India's national tobacco control law, COTPA, and is incomprehensible because the ban does not prohibit other tobacco products that are equally harmful and only is imposed for one year. The Court dismissed the writ petition, finding that it was proper for the Commissioner of Food Safety to exercise power to impose the ban and within the Commissioner's discretion to choose the tobacco food products included in the ban.

Yadav v. State of Bihar, et al., No. 10297, High Court of Judicature at Patna (2012)

  • India
  • Jul 10, 2012
  • High Court of Judicature at Patna
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Parties

Plaintiff Lal Babu Yadav S/O et al.

Defendant

  • The Commissioner of Food Safety cum Secretary, Health Bihar, Patna
  • The Secretary, Department Of Commercial Taxes Bihar, Patna
  • The Secretary, Department Of Health New Secretariat, Patna

Legislation Cited

Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Constitution of India, Article 14

Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011

Food Safety and Standards Act, 2006

Prevention of Food Adulteration Act, 1954

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product

"It is thus quite evident that the Commissioner of Food Safety has issued the impugned order dated 30.5.2012, Annexure-1 with reference to the provisions of Act 34 of 2006 and Regulations, 2011 framed thereunder providing for total ban on manufacture, storage, sale or distribution of Gutka and Paan Masala containing tobacco or nicotine as ingredients within the State of Bihar. It was within the discretion of the Commissioner of Food Safety to choose the tobacco food products for being brought under the purview of ban on manufacture, storage and sale or distribution and he having exercised his power confining the ban to Gutka and Paan Masala containing tobacco or nicotine as ingredient, no error can be found in exercise of power by the Commissioner of Food Safety under Section 92 read with Section 26 of the Act 34 of 2006 and Regulation 2.3.4 of the Restrictions, 2011 providing for ban on manufacture, storage, sale or distribution of Gutka and Paan Masala containing tobacco or nicotine as ingredient under the impugned order dated 30.5.2012, Annexure-1, validity whereof, in my opinion, has to be upheld."