The Madras High Court has ordered notice on a writ petition by a traders’ association seeking to quash a notification of May 2013 and restrain the authorities’ from interfering with the sale of pan masala, gutkha and tobacco products.
Justice T.S. Sivagnanam admitted the petition. The Additional Government Pleader took notice.
The Tamil Nadu Pan Beeda and Zarda Traders’ Association submitted that the Health Secretary had issued a notification of May 23, 2013, under the Food and Safety Standard Act prohibiting manufacture, storage, distribution or sale of gutkha and pan masala and any other food product containing tobacco or nicotine as ingredients.
The organisation submitted that the authorities had not conducted any scientific research to determine whether the products came under the definition of ‘food products.’ While on the one hand, the impugned notification had been issued, on the other, sales tax and VAT were being collected on the first sale in the State. This was nothing but total non-application of mind, said the petition.
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