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Supreme Court Lifts Ban On Gutka in Big Win For Manikchand
Section Business & Industry Posted on Mon Aug 02, 2004 at 08:07:40 AM EST
The wheel has come full circle exactly two years after the state enforced a ban on the manufacture, sale, store and display of gutka in 2002. On Monday, the Supreme Court struck down the ban as unconstitutional, saying only the Centre, and not the states have the power to ban manufacturing and sale of such items.
Acting on a petition filed by a group of manufacurers, including the Pune-based Dhariwal Industries Ltd, which manufacturers the Manikchand brand, a division bench comprising Justice KG Balakrishnan and Justice BN Srikrishna gave this ruling. The petitioners had challenged the notifications issued by both Maharashtra and Andhra Pradesh under Section 7(4) of the Prevention of Food Adulteration Act, banning the manufacture and sale of the pan masalas and gutkas. While the apex court ruling has come as a major relief to gutka and pan masala manufacturers, the Maharashtra government, reacting to the judgement, saying it will file a review petition before the Supreme Court. (Click on "Full Story" for more.)
Maharashtra food and drug administration minister Anil Deshmukh told TNN from Mumbai that the state is currently examining the court order. "The state had enforced the ban on manufacture and sale of gutka in interest of public health, and we will request the court to review the decision in the greater interests of the society," he said.
Expressing serious concern that the court order will particularly put the younger generation at risks to the carcinogenic gutka, Deshmukh said it is the responsibility of the union government also to enforce a ban on such harmful products. The minister said the apex court judgement was entirely taken on "technical basis", and hence it would urge the Centre to include the ban of gutka and pan masala in the new central Act related to tobbaco, so that the ban is enforced throughout the country. From The Times of India - August 02, 2004 - by Siddhartha Kashyap
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