l. ) ACC 760 , 2004 (5 )ALLMR(SC)970 , 2005 (1 )BomCR194 , 2004 (106(4) )BOMLR724 , 2004 INSC 413 , JT2004 (6 )SC 179 , (2004 )4 MLJ67 (SC ), 2004 (4 )PLJR62 , 2004 (3 )RCR(Criminal)930 , 2004 (6 )SCALE388 , (2004 )7 SCC68 , [2004 ]Supp(3 )SCR239 , 2004 (2 )UC1148 , 2004 (2 )UJ1449 , ,MANU/SC/0574/2004
K.G. Balakrishnan#B.N. Srikrishna#2112SC2110Judgment/OrderACR#AIR#Allahabad Criminal Cases#AllMR#BomCR#BomLR#INSC#JT#MANU#MLJ#PLJR#RCR (Criminal)#SCALE#SCC#SCR(Supp)#UC#UJB.N. Srikrishna,Tobacco#TobaccoSUPREME COURT OF INDIA2012-9-24Effect Of Usage And Practice; Contemporanea Expositio,External Aids to Construction,Statute to be wholly read in its context,Basic Principles,Legislative Power,Operation controlled on considerations of constitutionality,Operation of Statutes,Harmonious construction,Regard to consequences,Guiding Rules,Protection of Certain rights Regarding Freedom of Speech, etc.,Right to Freedom,Fundamental Rights,Constitution of India,Interpretation of Statutes31132,31220,31219,31123,31221,31136,16958,31131,31126,16910,16916,61037 -->
MANU/SC/0574/2004
True Court CopyTM EnglishBomLR
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4674 of 2004 (Arising out of SLP (C) No. 24449 of 2002), Civil Appeal No. 4677/2004 (Arising out of SLP (C) No. 23635 of 2002), Civil Appeal No. 4676/2004 (Arising out of SLP (C) No. 24292/02), Civil Appeal No. 4675/2004 (Arising out of SLP (C) No. 533/03), Civil Appeal No. 4678/2004 (Arising out of SLP (C) No. 834/03) and Civil Appeal No. 4679/2004 (Arising out of SLP (C) No. 2186/03) and Writ Petition (Civil) No. 173 of 2003
Decided On: 02.08.2004
Appellants: Godawat Pan Masala Products I.P. Ltd. and Ors. Vs. Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
K.G. Balakrishnan and B.N. Srikrishna JUDGMENT
B.N. Srikrishna, J.
1. Leave granted in the special leave petitions and the writ petition is admitted.
2. These appeals and writ petition arise from different areas and, though marginally differing on facts, raise substantially similar issues of law. They can, therefore, be conveniently disposed of by a common judgment
3. The common issue raised for consideration of this Court in all these cases is the validity of notifications issued by the Food (Health) Authority under Section 7(iv) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') by which the manufacture, sale, storage and distribution of pan masala and gutka (pan masala containing tobacco) were banned for different periods. We shall take the facts in the civil appeal arising out of special leave petition No. 24449 of 2002 as typical of the cases.
Facts:
Civil Appeal arising out of SLP(C) No. 24449 of 2002
4. The appellants manufacture gutka within the state of Maharashtra, which is stored in convenient godowns and sold both within and outside the state of Maharashtra. By a notification dated 23rd July, 2002 issued by the Commissioner, Food and Drug Administration and Food (Health) Authority for the State of Maharashtra, the manufacture, sale, storage and distribution of pan masala and gutka (pan masala containing tobacco) were banned for a period of five years with effect from 1........