Madras HC upholds prosecution of Jaiswal Products over seized tobacco in Tamil Nadu

Introduction

The Madras High Court recently upheld the criminal charges against Jaiswal Products, a Delhi-based manufacturer, after large quantities of their chewable tobacco were seized in Tamil Nadu. The court ruled that the company's tobacco qualifies as a food product under the Food Safety and Standards Act, making the manufacturer liable for prosecution.

The Case Against Jaiswal Products

Justice G. Jayachandran emphasized that chewable tobacco, containing nicotine, is classified as a food product and must adhere to state food safety regulations. The court rejected the company's claim that their product does not qualify as food. This ruling places the responsibility on the manufacturer to explain how their banned product was distributed in Tamil Nadu.

Compliance and Prosecution

The court stated that Jaiswal Products must disclose full distribution details, including batch numbers and sales invoices, to demonstrate compliance with the law. The company failed to provide these details, leading to prosecution. The court also noted that the large quantity of seized products implied direct involvement by the manufacturer in their distribution.

Comparison with Other Cases

Jaiswal Products argued that manufacturers of illegally sold liquor from Puducherry do not face similar prosecution. However, the court dismissed this argument, stating that the connection between the seized products and the manufacturer must be proven in the ongoing trial.

Conclusion

The ruling by the Madras High Court serves as a significant precedent for how tobacco products, especially those classified as food under the law, are regulated. This case highlights the importance of compliance with state laws and the Food Safety and Standards Act for manufacturers in the tobacco industry.


Hashtags
#MadrasHC #FoodSafety #TobaccoRegulations #JaiswalProducts #LegalUpdate #Compliance