Chennai: A paltry ₹55,000 has been collected for illegal manufacturing and sale of gutka — which triggered a huge political controversy in the state, with the opposition alleging kickbacks being paid to several top ministers — in the last one year in Chennai, shows data provided by the state food safety department.
While more than ₹3 crore-worth gutka products were seized from retailers in Chennai, only a few of them have been held guilty by court, shows an RTI reply by the department.
A letter allegedly written by the then Chennai police commissioner, S George, to the principal secretary claiming that health minister C Vijayabaskar and other top cops had received huge sums of money to allow the sale of tobacco products in the state has kicked up a huge furore in the assembly, pushing the government imposed a complete ban on the sale of gutka products.
MONEY SPINNER: Sale of gutka products is banned in TN
Only 5 retailers convicted, no manufacturers nailed by state food safety dept since 2016
From 2016, Tamil Nadu Food Safety and Drug Administration department has lifted 43 samples of chewable tobacco and gutka from retailers across the city. Of these, legal proceedings have been initiated against 26. Only five ended in conviction. Those found guilty were let off with a fine of ₹10,000.
In the same period, 970 cases were registered in police stations across Chennai under various sections of Cigarette and Other Tobacco Product Act (COPTA). Of this only 245 ended in conviction and ₹50,400 collected as fine, all in the range of around ₹100-₹500.
The outcome of the leniency: “Almost all the vendors we initiate action against are habitual offenders. The fine means nothing. Their profit is much more,” said a senior food safety official.
According to Section 59 of the Food Safety and Standards Act, 2006, any person who manufactures, sells, stores or distributes food for human consumption which is unsafe – causing non-grievous injury --can be imprisoned for a term of up to a year and be fined a sum of up to ₹3 lakh. If the injury is grievous, the jail sentence may extend to six years and up to ₹5 lakh in fine.
However, when D Kumar, an activist in Coimbatore, filed an RTI to source the actiontaken details, his intention wasn’t to find how many retailers were prosecuted. “They are only the small fish. I wanted to find out how many manufacturers have been nailed. The reply said none,” he said.
Officials said initiating action against the manufacturers is tough as all of them are based outside Tamil Nadu. Food safety commissioner P Amudha recently wrote to Food Safety and Standards Authority of India (FSSAI) urging officials to take action in the source states. “Most of the manufacturers are either based out of Delhi or Haryana. Every time we have a seizure here, we intimate FSSAI,” she said. In 2013, Tamil Nadu had joined several other states in banning the manufacture, storage and sale of gutka, paan masala and other carcinogenic chewable forms of tobacco by invoking the Prevention of Food Adulteration Act.
Despite the ban, the banned products continue to find their way into the state through its porous borders – mostly by rail or road. Last month, the food safety department had received a tip-off on a consignment of gutka arriving at Madurai railway station. “We wrote to the Railway police asking them to intercept the contraband. They were reluctant,” said Amudha, who had to seek FSSAI’s intervention. “It turned out that the officials were not aware of gutka being banned in the state,” she said.
The RTI is not the only document reflecting the rampant sale of tobacco products. A study released by Adyar Cancer Institute in 2017, based on interviews with over a lakh people, found that that more than 90% of smokeless tobacco users in the state have no difficulty in procuring banned gutka products, although they pay double the price to buy it. “The products have just moved from the shelves to beneath the vendors’ clothes,” said R Kathiravan, designated food safety officer, Chennai. Tobacco control advocate Cyril Alexander said, manufacturers and distributors of banned tobacco products often slip through the state’s radar owing to poor coordination between various departments.
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