BANGALORE: In an interesting development, the Karnataka high court has ordered issuance of notices to state government s well as central government in response to a petition filed by manufacturers of gutkha challenging the May 30 gutkha ban order .
Justice B S Patil officiating at the Dharwad circuit bench directed the state to file its response to a petition filed by Msrs Godavat pan Masala Products and others challenging the ban order.
The petitioners have claimed that the order issued by the office of the food safety commissioner is ultra vires of the Food Safety Standards Sct ,2006 and the Cigarette and other tobacco products (Prohibition of advertisement regulation of trade and commerce production, supply and distribution) Act 2003.
The food safety commissioner had issued ban order under regulation 2,3,4 of the Food safety and standards(Prohibition and restriction on sales) regulations 2011 holding that tobacco and nicotine are used in gutkha and pan masala as ingredients and it is expedient to ban the sale, manufacture, storage of these articles in public interest.
The state government issued another order on June 4 asking the local authorities to enforce the ban inciting the Supreme Court order and also in view of the fact that nearly 216 million people in India are using tobacco in smokeless form , resulting in carcinogenic and non-carcinogenic effects, a huge health hazard as per a global study conducted in 2009.
Justice B S Patil officiating at the Dharwad circuit bench directed the state to file its response to a petition filed by Msrs Godavat pan Masala Products and others challenging the ban order.
The petitioners have claimed that the order issued by the office of the food safety commissioner is ultra vires of the Food Safety Standards Sct ,2006 and the Cigarette and other tobacco products (Prohibition of advertisement regulation of trade and commerce production, supply and distribution) Act 2003.
The food safety commissioner had issued ban order under regulation 2,3,4 of the Food safety and standards(Prohibition and restriction on sales) regulations 2011 holding that tobacco and nicotine are used in gutkha and pan masala as ingredients and it is expedient to ban the sale, manufacture, storage of these articles in public interest.
The state government issued another order on June 4 asking the local authorities to enforce the ban inciting the Supreme Court order and also in view of the fact that nearly 216 million people in India are using tobacco in smokeless form , resulting in carcinogenic and non-carcinogenic effects, a huge health hazard as per a global study conducted in 2009.
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