Jul 21, 2012

Gutka ban: HC seeks affidavits

PATNA: The Patna high court on Friday directed both the Union and the state governments to file affidavits in a case related to ban on gutka in Bihar. The court also issued notice to the chairman, Food Safety Standard Authority of India, asking him to file a separate affidavit in the case.
A single bench presided by Justice J N Singh passed the order while hearing a writ petition filed by M/s Omkar Agencies, a trader engaged in gutka business. The case was filed after the state government seized gutka products from the said agency after enforcing ban on sale, manufacture and storage of gutka products in the state on May 30 this year.
Representing the Union government in the case, advocate S N Pathak said, "The petitioner had filed the case seeking quashing of the ban order, which, it said, was not in consonance with the Food Safety and Standards Act 2006 of the Centre."
The court directed the Union government to file an affidavit stating whether gutka comes under the definition of food? The chairman, Food Safety Standard Authority of India, was also asked to state whether this notification was justified or not. The court also stayed any coercive action against the petitioner till the disposal of the case.

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