Jun 24, 2013

Jail for Karnataka gutka sellers

BANGALORE: Vendors selling gutka in Karnataka face arrest. The state government has decided to rope in police for effective implementation of its gutka ban. Special committees have been formed at the district level to ensure effective enforcement of the ban.
M Madan Gopal, principal secretary to the department of health and family welfare, told TOI the government invoked provisions under the Indian Penal Code to initiate proceedings against those defying the ban. "We have had discussions with the home department and will soon issue an order. Also, cases booked will be made part of the Monthly Crime Report prepared by police," he said.
A senior home department official said Section 273 of the IPC has a provision to levy a fine of Rs 1,000, imprisonment up to six months or both for those indulging in the sale of noxious food or drink. "Action can also be initiated under Section 188 where disobedience of an order promulgated by a public servant is considered an offence. As far as gutka sachets and other seized items are concerned, police will have to hand them over to the food safety officer in the district," he added.
The state government had issued gutka ban guidelines on June 1 in order to comply with a Supreme Court verdict.
Madan Gopal said they are forming district-level enforcement committees to oversee the implementation of the ban. "The deputy commissioner will be the chairman of the committee, which will have a senior RTO officer, the commercial tax officer and the superintendent of police as members. A designated officer will function as member-secretary."
Asked about the manufacture of gutka, Madan Gopal said they have shut down all such units in the state and seized equipment. "With the above measures in place, the state government has filed an affidavit before the SC regarding action taken to enforce the ban. We need cooperation from other departments and NGOs," he added.
What the law says?
IPC's Section 273: Whoever sells, offers or exposes for sale as food or drink any article which has been rendered or has become noxious, or is in a state unfit for food or drink..., shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to Rs 1,000, or with both.

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