The Bombay High Court today asked Maharashtra government to file reply by August 7 on a clutch of petitions challenging the recent ban imposed on sale of gutka and paan masala in the state.
Government pleader Dhariyasheel Nalawade asked for time to file reply saying they had not received the petitions.
A division bench headed by Chief Justice Mohit Shah then allowed the state time to file reply within a week.
On behalf of the state government, Nalawade assured the court that the state would not destroy the gutka pouches.
The petitioners sought 'ad interim relief' urging stay on the notification banning sale of gutka. However, the court said it would first hear the state.
Gutka and paan masala manufacturers have urged the court to set aside the state government's July 19 notification and two regulations of the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.
The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.
The petitioners contended that gutka, which consists six per cent tobacco, has no nutritional value and hence the product cannot be brought under the purview of the FSSA that deals with "food".
Terming the ban as "discriminatory", the petitioners submitted that their business had come to a standstill owing to the state government's decision to prohibit sale of gutka.
The monthly sale of gutka in Maharashtra is estimated to the tune of Rs 300 crore and the state earns Rs 100 crore as taxes on the product.
The petitioners argued that the ban on sale of gutka was contrary to a Supreme Court ruling of 2004.
The state Cabinet had decided on July 12 to invoke the ban on the sale of gutka across the state. The state had earlier attempted to ban gutka in 2002 and then in 2008, but had faced legal hurdles. The new FSSA has enabled the ban again this time.
The gutka manufacturers have challenged the ban saying that gutka contains tobacco and its sale would be governed by Tobacco Act, 2003, a Central Government legislation. Mere oral consumption would not bring gutka under FSSA as it is not consumed for taste or nutrition but for pleasure, they argued.
The petitioners have also questioned the state's decision to spare the makers of raw tobacco from the ban.
The petitioners said the government's decision was discriminatory as magnesium carbonate, an ingredient in gutka, is permitted in various foods.
It was argued that the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.
Government pleader Dhariyasheel Nalawade asked for time to file reply saying they had not received the petitions.
A division bench headed by Chief Justice Mohit Shah then allowed the state time to file reply within a week.
On behalf of the state government, Nalawade assured the court that the state would not destroy the gutka pouches.
The petitioners sought 'ad interim relief' urging stay on the notification banning sale of gutka. However, the court said it would first hear the state.
Gutka and paan masala manufacturers have urged the court to set aside the state government's July 19 notification and two regulations of the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.
The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.
The petitioners contended that gutka, which consists six per cent tobacco, has no nutritional value and hence the product cannot be brought under the purview of the FSSA that deals with "food".
Terming the ban as "discriminatory", the petitioners submitted that their business had come to a standstill owing to the state government's decision to prohibit sale of gutka.
The monthly sale of gutka in Maharashtra is estimated to the tune of Rs 300 crore and the state earns Rs 100 crore as taxes on the product.
The petitioners argued that the ban on sale of gutka was contrary to a Supreme Court ruling of 2004.
The state Cabinet had decided on July 12 to invoke the ban on the sale of gutka across the state. The state had earlier attempted to ban gutka in 2002 and then in 2008, but had faced legal hurdles. The new FSSA has enabled the ban again this time.
The gutka manufacturers have challenged the ban saying that gutka contains tobacco and its sale would be governed by Tobacco Act, 2003, a Central Government legislation. Mere oral consumption would not bring gutka under FSSA as it is not consumed for taste or nutrition but for pleasure, they argued.
The petitioners have also questioned the state's decision to spare the makers of raw tobacco from the ban.
The petitioners said the government's decision was discriminatory as magnesium carbonate, an ingredient in gutka, is permitted in various foods.
It was argued that the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.
No comments:
Post a Comment