Prioritizing Public Health Over Commercial Interests in Interim Custody of Banned Tobacco Products

sketch of the Bombay High Court
Case
THE STATE OF MAHARASHTRA v. MR ANURAG AWASTHI (Bombay High Court, 09-09-2026)
Law
Bharatiya Nyaya Sanhita, Constitution of India, Food Safety and Standards Act.

Highlights of the Judgment:

  • Examination of the legality of interim custody orders for seized banned gutkha and tobacco products.
  • Analysis of statutory powers under Section 30 of the Food Safety and Standards Act, 2006 regarding state enforcement.
  • Application of constitutional principles under Article 21, prioritizing public health over commercial interests.
  • Scrutiny of inter-state transport claims versus illegal dumping and local distribution within a prohibited state.
  • Evaluation of evidentiary discrepancies between purchased inventory and actual seized quantities during transit.