Kasannagattu Karan Kumar vs The State Of Telangana
2021 Latest Caselaw 4608 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                           AND
          THE HON'BLE SRI JUSTICE N. TUKARAMJI

                    WRIT PETITION No.35680 of 2021


ORDER:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     Learned counsel for the parties have informed this Court

that the controversy involved in the present case has already

been adjudicated on account of an order passed by this Court

in W.P.No.19928 of 2021 and batch, dated 30.11.2021.

     The operative portion of the aforesaid order reads as

under:-

     "(55) The Division Bench of the Bombay High Court
     has dealt with all the issues, similar to the issues
     raised in the present writ petitions. In the considered
     opinion of this Court, the question of interference by
     this Court in respect of Notification which is bound to
     save human lives cannot be faulted with in any
     manner. The entire globe is facing COVID-19 pandemic
     and the death rate on account of gutka/pan masala
     and other tobacco products is more than the deaths
     which are taking place on account of pandemic. The
     people are suffering from cancer and other diseases and
     the restriction imposed is in larger public interest and
     is a reasonable restriction and in no way offends the
     right     to    carry    on     trade     guaranteed        under   the
     Constitution.


     (56)    In the light of the aforesaid, this Court does not
     find any reason to interfere with the impugned
     Notification and resultantly, the writ petitions are
     dismissed. Miscellaneous petitions, if any pending,
     shall stand dismissed.            There shall be no order as to
     costs."
                                    2




      In the light of the aforesaid, the present writ petition also

stands dismissed. The judgment delivered in W.P.No.19928 of

2021 and batch shall be applicable mutatis mutandis in the

present case also.

      The petitioner has made a further prayer that prior

notice      should   be   given   to   the   petitioner   and     other

manufacturers before seizing the material on account of

Notification dated 06.01.2021.

      In the considered opinion of this Court, if the action is

initiated under the Food Safety and Standards Act, 2006, it is

a complete code in itself and the petitioner shall be at liberty to

avail the remedies under the aforesaid Act. In case a criminal

case is registered against the petitioner, the petitioner shall

also be free to take recourse to the remedies available under

the law.

      Let a copy of the order passed by this Court in

W.P.No.19928 of 2021 and batch, dated 30.11.2021, be kept

on record in the present case.

      The miscellaneous applications pending in this writ

petition, if any, shall stand closed. There shall be no order as

to costs.


                                       ___________________________
                                        SATISH CHANDRA SHARMA, CJ




                                       ___________________________
                                                N. TUKARAMJI, J
27.12.2021

vs