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HC upholds govt`s decision to ban `gutkha`
Mumbai, Sept 19: Upholding Maharashtra government`s notification to ban manufacture and sale of `gutkha` and tobacco additives, Mumbai High Court today dismissed a bunch of petitions challenging the decision.
Mumbai, Sept 19: Upholding Maharashtra government's notification to ban manufacture and sale of ‘gutkha’ and tobacco additives, Mumbai High Court today dismissed a bunch of petitions challenging the decision.
Justices R M Lodha and Dilip Bhonsle disagreed with the petitioners that the impugned notification was ultra vires the Constitution. The petitions were filed by ‘gutkha’ manufacturers who alleged that the impugned notification of July 23, 2002 infringed their fundamental right to carry on business activity.
They said that the notification was unconstitutional and alleged that it was issued at the instance of the cigarette lobby.
The government justified the ban on manufacture and sale of ‘gutkha’ on the ground that its manufacturers had been repeatedly violating the prevention of food adulteration rules.
In an affidavit, the government said that prosecutions initiated in the past against ‘gutkha’ manufacturers for violation of rules did not have the desired deterrent effect.
Shrikant Shrikhande, joint commissioner, food and drugs administration, said in the affidavit that the ingredients used to prepare ‘gutkha’ were not only far in excess of the prescribed standards but were also detrimental to health.
For instance, he said, a 1998 report by a public analyst of a sample of ‘Manikchand Gutkha’ showed presence of magnesium carbonate in violation of rules.
Bureau Report
Justices R M Lodha and Dilip Bhonsle disagreed with the petitioners that the impugned notification was ultra vires the Constitution. The petitions were filed by ‘gutkha’ manufacturers who alleged that the impugned notification of July 23, 2002 infringed their fundamental right to carry on business activity.
They said that the notification was unconstitutional and alleged that it was issued at the instance of the cigarette lobby.
The government justified the ban on manufacture and sale of ‘gutkha’ on the ground that its manufacturers had been repeatedly violating the prevention of food adulteration rules.
In an affidavit, the government said that prosecutions initiated in the past against ‘gutkha’ manufacturers for violation of rules did not have the desired deterrent effect.
Shrikant Shrikhande, joint commissioner, food and drugs administration, said in the affidavit that the ingredients used to prepare ‘gutkha’ were not only far in excess of the prescribed standards but were also detrimental to health.
For instance, he said, a 1998 report by a public analyst of a sample of ‘Manikchand Gutkha’ showed presence of magnesium carbonate in violation of rules.
Bureau Report