Maharashtra govt. to make gutka sale a non-bailable offence in state
Maharashtra state government, on March 24, 2015, said that those found involved in the sale of gutka in the state would be booked under non-bailable sections regarding the offence.
Due to no such restrictions in the neighbouring states, the ban on the manufacture and sale of gutka has not been implemented effectively in Maharashtra. Also, as per the reports, the tobacco-laced chewing products are smuggled in to the state because of the same reason.
Reportedly, State Food and Drug Minister Girish Bapat stated that gutka worth 32 crore rupees has been seized after searching around 72,000 shops as the state police received directives to book offenders under Indian Penal Code (IPC) Section 328.
In 2012, Maharashtra Government had banned sale and manufacturing of Gutka and Pan Masala under the Food Safety and Standards Act, 2006 and Prevention of Food Adulteration Act, 1954.
State government also had imposed punishment of six months to three years imprisonment. However, it was bailable offence that time.
About the IPC Section 328:
Causing hurt by means of poison, etc., with intent to commit an offence. As per the Section, whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug or other thing with intent to cause hurt to such person or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Non-bailable offence:
As per the IPC, When a person is detained for a non-bailable offence, he cannot demand to be released on bail as a matter of right. He can, however, request the court to grant bail.
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