Section 10. Size of letters and figures

The High Court quashed criminal proceedings under IPC and FSS Act against accused involved in sale of tobacco, Gutka, and Pan Masala. The court held tobacco is not 'food' under FSS Act and COTPA Act does not ban trade, only regulates it, barring prosecution except for advertising violations or sales to minors.

In this batch of writ petitions, the High Court held that the State Government lacked jurisdiction to ban Gutka/Pan Masala containing tobacco under the Food Safety and Standard Act, 2006.

The Court quashed notifications by the Commissioner of Food Safety banning smokeless tobacco. Ruling that tobacco is not 'food' and that COTPA exclusively governs tobacco products, the Court held the Commissioner lacked statutory power to ban these items under the FSSA.

The Single Judge held that the Cigarettes and Other Tobacco Products Act (COTPA) is a special law occupying the entire field of tobacco regulation, prevailing over the general Food Safety and Standards Act (FSSA).

COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL P TITION Nos: 370.372. 378. 380. 775. 3451.9517. 9557, 9597, AND I 598of 2021 AN

Batch of petitions under Section 482 Cr.P.C. to quash FIRs for transporting, storing and selling gutka, pan masala and chewing tobacco under the IPC, COTPA, FSS Act, A.P. Excise and Prohibition Acts and NDPS Act.