The court held that the classification sought to be created between smokeless and smoking tobacco for justifying the issuance of the notifications was violative of Article 14 of the Constitution as well.
“… this Court is of the considered view that while issuing the impugned Notifications, the Respondent No.1/Commissioner of Food safety exceeded its power and authority in contravention of the powers vested in him under the FSSA and therefore, the said impugned Notifications are hereby quashed and set aside,” the Court ordered.
Source: Barandbench
