Jan 12, 2013

Gutkha-maker moves HC over seizure

Court asks govt to state stand on release of consignment that was meant for export. Gutkha manufacturing company Dhariwal Industries has moved Bombay High Court against action taken by the Customs department to seize gutkha worth Rs 2.5 crore at Nhava Sheva port. The consignment was meant for export.
A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on Thursday asked the Maharashtra government if it was willing to release the consignment so that Dhariwal Industries can take it back to Gujarat and export it from there. The court, however, clarified the release would be subject to an undertaking by the company that it would export the goods directly from Gujarat henceforth.
Dhariwal Industries’ petition states that the Food Safety Commissioner had in a November 2012 letter directed the Commissioner of Customs to stop export and import of tobacco products from any port in the city. This was after a July 9, 2012 notification under the Food Safety and Standards Act, 2006, that banned manufacture, distribution and sale of gutkha and paan masala in Maharashtra.
Company’s counsel Milind Sathe argued that the notification does not impose a ban on export of the products from Maharashtra. However, appearing for the state government, Advocate General Darius Khambata said the absence of the ban in the notification would not matter, as under the Food Safety Regulations, the commissioner can prohibit the export or import of any food product if it is found to be dangerous for consumption.
The court has now asked the state government to clarify its stand on the issue and has kept the matter for hearing on Friday.
Banned substances worth Rs 1.7 cr seized in Mumbai to be destroyed in Pune
Six months after state FDA began seizing illegal gutkha and paan masala, Rs 1.7 crore worth of banned substances confiscated in Mumbai will be ferried to Pune to be destroyed. The goods will be loaded in trucks from the FDA headquarters in Bandra Kurla Complex Friday and taken to the solid waste management plant in Pune where it will be burnt and the energy emitted will be used to generate electricity. The decision was taken after months of deliberations on how the seized substances could be disposed of. “We had thought of destroying the stock at the incinerator in Mankhurd. However, we were being charged Rs 26/kg by the incinerator company, which was not feasible. Moreover, if the stock had to be destroyed, it would be better to do so in a productive manner,” said G V Jagtap, assistant commissioner (food), FDA.

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