Jun 14, 2012
DAILY THANTHI NEWS
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Govt to seize, destroy banned gutka products after June 15
Kerala High Court today directed the state government to seize and destroy banned gutka and pan masala products after June 15.
Clandestine stocking and sales should be checked by police and concerned authorities to ensure that the prohibited items are no longer available in the state, a division bench comprising Justice C N Ramachandran Nair and Justice C K Abdul Rahim said.
The court gave the directive while considering a statement filed by the state government that stringent action would be taken against those who continue the sale and distribution of pan masala products.
Kerala Government ordered the ban last month under the provisions of Food Safety and Standards Regulation Act, 2011, becoming the second state after Madhya Pradesh to do so. It had cited increasing incidence of gutka-induced diseases like oral cancer as the reason for the ban.
Meanwhile, a batch of petitions by manufacturers of tobacco products challenging the legality of prohibition has been referred to a division bench headed by the acting Chief Justice Manjula Chellur.
The arguments on these petitions was going on before a single judge since the last few days.
A PIL was filed seeking to enforce the prohibition, which was allowed today prompting manufacturers to allege that this was state-sponsored and an abuse of process of court.
The government, without disclosing the pendency of petitions before the single judge filed a statement hastily and obtained a favourable order, they also alleged.
Following this controversy, the petitions of the manufacturers were referred to the division bench.
Clandestine stocking and sales should be checked by police and concerned authorities to ensure that the prohibited items are no longer available in the state, a division bench comprising Justice C N Ramachandran Nair and Justice C K Abdul Rahim said.
The court gave the directive while considering a statement filed by the state government that stringent action would be taken against those who continue the sale and distribution of pan masala products.
Kerala Government ordered the ban last month under the provisions of Food Safety and Standards Regulation Act, 2011, becoming the second state after Madhya Pradesh to do so. It had cited increasing incidence of gutka-induced diseases like oral cancer as the reason for the ban.
Meanwhile, a batch of petitions by manufacturers of tobacco products challenging the legality of prohibition has been referred to a division bench headed by the acting Chief Justice Manjula Chellur.
The arguments on these petitions was going on before a single judge since the last few days.
A PIL was filed seeking to enforce the prohibition, which was allowed today prompting manufacturers to allege that this was state-sponsored and an abuse of process of court.
The government, without disclosing the pendency of petitions before the single judge filed a statement hastily and obtained a favourable order, they also alleged.
Following this controversy, the petitions of the manufacturers were referred to the division bench.
Curb sale of unlicensed packaged water: HC
The High Court on Tuesday directed the State government to take immediate steps to curb the manufacture and sale of packaged drinking water without valid licences.
Hearing a petition by Lochamesh Hugar, a resident of Hubli, the division bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna directed the State to take necessary action as per Food Adulteration Act and Rules, 1954. It has ordered notice to the State and Central governments.
The petitioner had stated that most of these firms were manufacturing and selling packaged drinking water without valid licence. He said that under Rule 49 of Prevention of Food Adulteration Rules, 2000, no person shall manufacture, sell or exhibit packaged water without licence. The petitioner submitted that the authorities had failed to perform their duties.
He said that though ISI certification is mandatory, the manufacturers do not go for it so that they can avoid VAT. The petitioner submitted that there are at least a hundred such companies operating across the State.
Directing the respondents to take necessary steps to prevent manufacture and sale of drinking water without ISI certification, the division bench ordered notice to the State Food and Civil Supplies Department, deputy commissioners of all districts and the Centre.
Groundwater
The High Court has directed the State and the Union governments to apprise it of the steps taken to implement norms for curbing overexploitation of groundwater.
H N M Prasad of a Bangalore-based Power Water and Energy Audit had filed a petition challenging the commercial use of groundwaters by some of the water suppliers in the State.
He contended that water being a natural resources no individual has rights or title to exploit resources for commercial purpose. He said nothing has been done to implement the existing rules to check exploitation of water and sought the court to direct the authorities to notify Bangalore and peripheral areas within 50-km radius.
The Division Bench directed the petitioners to implead BBMP in the matter and ordered notices to Central Ground Water Board, Chief Secretary and others.
Hearing a petition by Lochamesh Hugar, a resident of Hubli, the division bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna directed the State to take necessary action as per Food Adulteration Act and Rules, 1954. It has ordered notice to the State and Central governments.
The petitioner had stated that most of these firms were manufacturing and selling packaged drinking water without valid licence. He said that under Rule 49 of Prevention of Food Adulteration Rules, 2000, no person shall manufacture, sell or exhibit packaged water without licence. The petitioner submitted that the authorities had failed to perform their duties.
He said that though ISI certification is mandatory, the manufacturers do not go for it so that they can avoid VAT. The petitioner submitted that there are at least a hundred such companies operating across the State.
Directing the respondents to take necessary steps to prevent manufacture and sale of drinking water without ISI certification, the division bench ordered notice to the State Food and Civil Supplies Department, deputy commissioners of all districts and the Centre.
Groundwater
The High Court has directed the State and the Union governments to apprise it of the steps taken to implement norms for curbing overexploitation of groundwater.
H N M Prasad of a Bangalore-based Power Water and Energy Audit had filed a petition challenging the commercial use of groundwaters by some of the water suppliers in the State.
He contended that water being a natural resources no individual has rights or title to exploit resources for commercial purpose. He said nothing has been done to implement the existing rules to check exploitation of water and sought the court to direct the authorities to notify Bangalore and peripheral areas within 50-km radius.
The Division Bench directed the petitioners to implead BBMP in the matter and ordered notices to Central Ground Water Board, Chief Secretary and others.
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