The five companies that had challenged the Maharashtra government’s ban on gutkha on Thursday urged the Bombay High Court to allow them to take the product outside the state. The court had on August 7 directed the government not to destroy the seized packets of gutkha and paan masala till the dispute is resolved.
The companies that have challenged the state government’s decision are Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises. The ban was came into effect through a notification issued by the government on July 19 under the Food Safety and Standards Act (FSSA), 2006.
The companies claimed that gutkha is not consumed for nutritional value and questioned if it could be classified as “food”. They said their business has come to a standstill due to the ban.
Arguing for the petitioners, senior counsel Janak Dwarkadas said such a ban needs to brought in through a legislation. Dwarkadas also contended that gutkha and paan masala were earlier regulated under the Control of Tobacco Products Act (COTPA), 2003, and that the Maharashtra government, through this notification, is invoking the FSSA regulation for these products.
Appearing for the state government, Advocate General Darius Khambata defended the decision, citing health concerns. Khambata said the state government was “completely justified” in putting the ban in place through the FSSA and that the authority had taken the decision in public interest. “Millions of people throughout the country, including youngsters below 15, are addicted to such products,” he said.
Meanwhile, a group of doctors from the Tata Memorial Hospital sought to intervene in the matter in favour of the state government. Their counsel Rajni Iyer on Thursday opposed the demand to allow the packets to be taken outside the state, saying this would amount to “exporting misery”.
The case will now be heard on September 12.
The companies that have challenged the state government’s decision are Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises. The ban was came into effect through a notification issued by the government on July 19 under the Food Safety and Standards Act (FSSA), 2006.
The companies claimed that gutkha is not consumed for nutritional value and questioned if it could be classified as “food”. They said their business has come to a standstill due to the ban.
Arguing for the petitioners, senior counsel Janak Dwarkadas said such a ban needs to brought in through a legislation. Dwarkadas also contended that gutkha and paan masala were earlier regulated under the Control of Tobacco Products Act (COTPA), 2003, and that the Maharashtra government, through this notification, is invoking the FSSA regulation for these products.
Appearing for the state government, Advocate General Darius Khambata defended the decision, citing health concerns. Khambata said the state government was “completely justified” in putting the ban in place through the FSSA and that the authority had taken the decision in public interest. “Millions of people throughout the country, including youngsters below 15, are addicted to such products,” he said.
Meanwhile, a group of doctors from the Tata Memorial Hospital sought to intervene in the matter in favour of the state government. Their counsel Rajni Iyer on Thursday opposed the demand to allow the packets to be taken outside the state, saying this would amount to “exporting misery”.
The case will now be heard on September 12.
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