Supreme Court: Second Bail Order Must Record Changed Circumstances or Fresh Grounds  ||  SC: Severity of Injury Alone Cannot Prove Attempt to Murder Without Intent to Cause Death  ||  SC: Promissory Estoppel Cannot Be Used to Claim Unintended Benefits, Lays Down Principles  ||  Kerala High Court: No Unrestricted RTI; DPDP Act Strengthens Privacy Framework  ||  Allahabad High Court: Juvenile Offence Case Does Not Bar Govt Job In Adulthood  ||  Gauhati HC: Burden Of Proving Citizenship Stays With Proceedee and Does Not Shift At Any Stage  ||  Delhi HC: Property Disputes Between In-Laws and Daughter-In-Law are Not Exclusively For Family Court  ||  Delhi High Court: After Probate is Granted, A Will Does Not Require Fresh Proof under Section 68  ||  Ker HC: Periodic Replacement and Maintenance of Prosthetic Limb Must Be Included in Compensation  ||  Madras High Court: DNA Test Not Required For Mother to Donate Kidney to Her Son    

Godawat Pan Masala Products I.P. Ltd. and Anr. v. Union of India (UOI) and Ors. - (Supreme Court) (02 Aug 2004)

Winding a fine line between ‘public interest’ and interest

MANU/SC/0574/2004

Civil

Tobacco advertising occupies a grey area in the debate on moral policing. On the one hand is consumer will and freedom to consume a legal substance, on the other the many possible harms of ingesting tobacco in any form. Saving the public from themselves or just another agenda guised as moral?

The Central Government is vested with authority to declare food or other articles as injurious to health and prohibit distribution of the same, to varying extents, in the interest of public health. Section 7 of the Prevention of Food Adulteration Act, 1954 in fact allows its tremendous latitude in controlling articles for human consumption in the interest of public health.

Various State governments interpreted the same authority as also extending to them and notifications banning the manufacture, sale and distribution of pan masala and gutka in the State, either indefinitely or for prolonged periods.

The Supreme Court was unequivocal in its ruling: banning and prohibiting food and associated articles was in the exclusive domain of Parliament. State bans could be “only of transitory nature”, lasting short periods of time. State food and health authorities did not have the power to prohibit manufacture, sale, etc. State law that overrode national Prevention of Food Adulteration Act was ultra vires, the Supreme Court held. The judgment never discussed divergent policy-making of States, nor did it enter into the appropriateness or reasonableness of the policy. Perhaps that was the Court’s silent obiter: allowing a reasonable exercise of power would have opened the door to yet more arbitrariness.

Relevant : Tulsipur Sugar Co. MANU/SC/0336/1980 Union of India and Anr. v. Cynamide India Ltd. and Anr. MANU/SC/0076/1987 Section 7 Prevention of Food Adulteration Act, 1954

Tags : PAN MASALA   PUBLIC INTEREST   BAN   STATE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved