CHANDIGARH: Haryana government's decision to ban sale and purchase of tobacco products in the state, has come under the scanner of Punjab and Haryana high court, which on Wednesday issued notice to state government.
Justice Paramjeet Singh of the HC has asked the state government to file reply on the issue by October 14 after hearing a bunch of petitions filed by M/s Dharampal Satyapal Limited (DS group), M/s Trimurti Fragrances private limited (producers of Zafrani Zarda) and Smokeless Tobacco Association, a registered body of Chewing Tobacco manufacturers, traders, dealers, suppliers of tobacco and related products.
Petitioners have challenged September 3 orders through which the Commissioner of Food Safety, Haryana had imposed complete ban on manufacture and sale of chewable tobacco in the state.
Senior Counsel for the petitioners, Mohan Jain informed the high court that the Haryana government order is without jurisdiction in terms of Section 30 (1) and (2) of the Food Safety and Standards Act, 2006 and is in conflict with Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003, which deals with the provisions of manufacture and sale of all types of tobacco.
Former additional solicitor general of India, Jain further submitted that while passing the impugned order, Haryana government has failed to take cognizance of the fact that tobacco in any food is prohibited by the above regulation, which makes it very clear that tobacco is not a food product.
He further submitted that the petitioners cannot be punished arbitrarily and be made to close their business of selling and manufacture of chewable tobacco on the basis of presumption that chewable tobacco causes damage to health of consumers without getting corroborative evidence from any study being carried out by state of Haryana is illegal, without jurisdiction and violative of principles of natural justice.
On September 3, state food and drugs administration department had issued notification, under which, sale and purchase of tobacco products was prohibited for one year in the interest of public health. The ban also includes mix of other ingredients such as heavy metals, anti-caking agents except to the extent of specifically permitted as ingredients, silver leaf, binders, flavours, scents, fragrances, prohibited chemicals or any one of these ingredients.
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