Regulated sale of tobacco products at departure terminals upheld subject to statutory conditions and release of seized stock.

The petitioner's right to sell cigarettes and other tobacco products at the departure terminal, and to obtain release of seized stock, was linked to compliance with the statutory conditions under Section 32 of the Cigarettes and Other Tobacco Products Act, 2003. The High Court applied the Supreme Court's earlier conditional permission and treated that direction as governing the final relief, so the petitioner was entitled to continue the regulated sale and the respondent was directed to release the stock on the same terms.

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Issues: Whether the petitioner was entitled to carry on sale of cigarettes and other tobacco products at the departure terminal and obtain release of the seized stock, subject to compliance with the statutory conditions.

Analysis: The relief sought turned on the earlier order of the Supreme Court, which permitted the petitioner to carry on sale of cigarettes and other tobacco products at the departure terminal, subject to fulfilling the conditions prescribed under Section 32 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. In view of that direction, the final relief in the present proceedings was considered fit to be granted on the same terms.

Conclusion: The petitioner was entitled to carry on sale of the products at the departure terminal and the respondent was to release the stock, subject to compliance with Section 32 of the Act.

Final Conclusion: Relief was granted in conformity with the Supreme Court's conditional permission, resulting in disposal of the petition in favour of the petitioner.

Ratio Decidendi: Where the Supreme Court has already permitted the regulated sale of tobacco products subject to statutory conditions, the High Court may grant corresponding final relief and direct release of stock on the same terms.

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