Gutkha ban: SC points discover on Tamil Nadu govt’s plea towards Madras HC order
3 min read
By PTI
NEW DELHI: The Supreme Court has sought a response to a plea difficult an order of the Madras High Court quashing a May 2018 notification prohibiting the sale, manufacture and transport of gutkha and different tobacco-based merchandise.
A bench of justices KM Joseph and BV Nagarathna issued discover to Food Safety Commissioner, Jayavilas Tobacco Traders and others on a plea filed by the Tamil Nadu authorities.
“Issue notice in the special leave petition. Issue notice in the prayer for interim relief also” the bench stated.
Additional Advocate General Amit Anand Tiwari, showing for the state, argued that orders of the Food Safety Commissioner banning the sale, storage, manufacture, and so forth. of gutkha and different tobacco merchandise are backed by Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011.
The excessive court docket had put aside a notification issued by the Food Safety Commissioner on May 23, 2018, banning the manufacture, storage, transport, distribution and sale of gutkha, pan masala and different chewable meals merchandise containing tobacco/nicotine as elements.
It had held that permitting the Food Safety Commissioner to impose a everlasting ban on tobacco merchandise by issuing successive notifications yr after yr would quantity to conferring an influence that was not offered within the legislation.
Holding that tobacco, with or with out components, is a meals product, the excessive court docket had held that notifications banning gutkha and pan masala in Tamil Nadu issued by the Commissioner of Food Safety usually are not inside his powers and quashed the identical.
NEW DELHI: The Supreme Court has sought a response to a plea difficult an order of the Madras High Court quashing a May 2018 notification prohibiting the sale, manufacture and transport of gutkha and different tobacco-based merchandise.
A bench of justices KM Joseph and BV Nagarathna issued discover to Food Safety Commissioner, Jayavilas Tobacco Traders and others on a plea filed by the Tamil Nadu authorities.
“Issue notice in the special leave petition. Issue notice in the prayer for interim relief also” the bench stated.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );
Additional Advocate General Amit Anand Tiwari, showing for the state, argued that orders of the Food Safety Commissioner banning the sale, storage, manufacture, and so forth. of gutkha and different tobacco merchandise are backed by Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011.
The excessive court docket had put aside a notification issued by the Food Safety Commissioner on May 23, 2018, banning the manufacture, storage, transport, distribution and sale of gutkha, pan masala and different chewable meals merchandise containing tobacco/nicotine as elements.
It had held that permitting the Food Safety Commissioner to impose a everlasting ban on tobacco merchandise by issuing successive notifications yr after yr would quantity to conferring an influence that was not offered within the legislation.
Holding that tobacco, with or with out components, is a meals product, the excessive court docket had held that notifications banning gutkha and pan masala in Tamil Nadu issued by the Commissioner of Food Safety usually are not inside his powers and quashed the identical.
