Madras High Court: Stores Selling Prohibited Tobacco Products Cannot Be Closed Indefinitely

Last Updated on January 4, 2024 by News Desk

Issue:

Shops Selling Prohibited Tobacco Products May Not Be Closed Indefinitely, As Per Madras High Court Order.

Facts of the Case:

A recent case involving the protracted closure of stores selling tobacco goods that are prohibited was heard by the Madras High Court. In an attempt to get the seals placed on their stores for selling illegal goods removed, two store owners had gone to court. The Food Safety and Standards Act, the Additional Advocate General said, gave designated authorities the authority to seal locations when contraband was discovered, highlighting the dangers to the public’s health that come with items that are prohibited.

Arguments Presented by Parties:

According to the merchants, their fundamental right to a living was infringed by the ongoing shutting of their establishments. They claimed that, even in cases where the closure was initially justifiable, it prevented them from conducting their business. But the Additional Advocate General emphasized the grave consequences for public health that come with selling tobacco products that are prohibited, and she pleaded with the court to quickly reject the case.

Reasoning of the Judgment:

Section 38 of the Food Safety and Standards Act 2006 established processes that could not be followed, and only then was sealing justified, the court noted, citing the Food Safety and Standard Rules 2011.

The officials did not have the right to close the premises permanently, the court found after analyzing the pertinent clauses of the Act. If Act compliance was not practicable, Rule 2.1.3.4 permitted sealing exclusively for investigative purposes. Sealing off premises was not justified in this situation, the court said, and rules could not go beyond the Act’s requirements. After applying the criteria of proportionality, the court determined that the acts of the authorities were excessive.

Judgment:

Emphasizing that the ongoing sealing served no purpose and did not impede the inquiry, the Madras High Court ordered the Food Safety and Drug Administration officials to de-seal the establishments immediately. Along with ordering the merchants to write affidavits promising not to trade in any prohibited commodities, the court also threatened to enforce penalties for any violations of the undertakings.

The ruling, which affirmed that store closures could not continue indefinitely without a valid reason and strict respect to legal requirements, essentially struck a balance between rights guaranteed by the Constitution, public health issues, and the legal framework.

Written By: Nikita Shankar @nikitaashankar