Bombay HC Conducts Emergency Hearing from CJ’s Residence as Court Staff Deployed for Elections  ||  Madras HC: Preventive Detention Laws are Draconian, Cannot be Used to Curb Dissent or Settle Politics  ||  HP HC: Mere Interest in a Project Cannot Justify Impleading a Non-Signatory in Arbitration  ||  J&K&L HC: Women Accused in Non-Bailable Offences Form a Distinct Class Beyond Sec 437 CrPC Rigour  ||  Bombay HC Restores IMAX’s Enforcement of Foreign Awards Against E-City, Applying Res Judicata  ||  Supreme Court Upholds Cancellation of Bail For Man Accused of Assault Causing Miscarriage  ||  J&K&L High Court Invalidates Residence-Based Reservation, Citing Violation of Article 16  ||  Kerala HC Denies Parole to Life Convict in TP Chandrasekharan Murder Case For Cousin's Funeral  ||  High Court Grants Bail to J&K Bank Manager in Multi-Crore Loan Fraud Case, Emphasizing Bail As Rule  ||  J&K HC: Civil Remedy Alone Cannot Be Used To Quash Criminal Proceedings in Enso Tower Case    

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