The Odisha High Court on Friday issued notice to the Central Government in response to an amended PIL seeking prohibition in manufacture, sale and marketing of smokeless tobacco products like gutkha, zarda, pan masala, khaini and gudakhu which contain nicotine that causes cancer.
A Division Bench of the High Court comprising Justices Pradeep K Mohanty and SK Mishra ordered issue of notices to the Union Government when the petitioner, Centre for Legal Aid to Poor (CLAP) filed an amended petition as was allowed last week. The Union Government has been asked to file counters within four weeks, and the matter would come up for further adjudication after that, informed the petitioner’s lawyer Janmenjaya Katakia.
It may be mentioned that the Odisha Government in January this year had issued a notification banning manufacture, sale and consumption of gutkha pursuant to a notification issued by the Government of India in August 2012 as per the Food Safety and Standards (Prohibition and Restriction on Sales) Act of 2006.
Challenging the notification, the CLAP had moved the HC alleging that the notification is ambiguous and not comprehensive; as a result, it did not yield any result.
Responding to the notice of the HC, the State Government informed that the notification was issued in pursuant to the Government of India notification.
The State Government also informed that it has no problem in issuing another notification banning manufacture, sale consumption of other forms of chewing tobacco, if the Union Government amends its notification. Accordingly, the High Court allowed the petitioner to amend its petition arraying the Union Government as an opposite party.
A Division Bench of the High Court comprising Justices Pradeep K Mohanty and SK Mishra ordered issue of notices to the Union Government when the petitioner, Centre for Legal Aid to Poor (CLAP) filed an amended petition as was allowed last week. The Union Government has been asked to file counters within four weeks, and the matter would come up for further adjudication after that, informed the petitioner’s lawyer Janmenjaya Katakia.
It may be mentioned that the Odisha Government in January this year had issued a notification banning manufacture, sale and consumption of gutkha pursuant to a notification issued by the Government of India in August 2012 as per the Food Safety and Standards (Prohibition and Restriction on Sales) Act of 2006.
Challenging the notification, the CLAP had moved the HC alleging that the notification is ambiguous and not comprehensive; as a result, it did not yield any result.
Responding to the notice of the HC, the State Government informed that the notification was issued in pursuant to the Government of India notification.
The State Government also informed that it has no problem in issuing another notification banning manufacture, sale consumption of other forms of chewing tobacco, if the Union Government amends its notification. Accordingly, the High Court allowed the petitioner to amend its petition arraying the Union Government as an opposite party.
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