Patna high court quashes notification banning gutka, pan masala
Patna,(BiharTimes): A bench of Acting Chief Justice Iqbal Ahmad Ansari
and Justice Chakradhari Sharan Singh on Tuesday quashed the Bihar
government’s notification banning manufacture, storage, distribution,
transportation and sale of any type of gutka and pan masala which
contain tobacco or nicotine for a period of one year.
The high court bench delivered the ruling after hearing a bunch of
petitions challenging the notification issued by state food safety
commissioner.
The notification was challenged by M/s Prabhat Zarda Factory India
Private Ltd and others.
The bench said the state government has no jurisdiction to ban tobacco
products and, hence the decision of food safety commissioner is beyond
jurisdiction.
The court agreed with the contention of the petitioners’ advocate
Prabhat Ranjan that Cigarettes and Other Tobacco Products Act 2003
(COTPA) is a special and comprehensive legislation for tobacco
products which cannot override the general act like Food Safety and
Standards Act, 2006.
Appearing for the state government Additional Advocate General P N
Shahi, said the ban was imposed in the interest of public health. As
the product mixed with tobacco is a food item, therefore food safety
commissioner has powers to ban it.
Patna,(BiharTimes): A bench of Acting Chief Justice Iqbal Ahmad Ansari
and Justice Chakradhari Sharan Singh on Tuesday quashed the Bihar
government’s notification banning manufacture, storage, distribution,
transportation and sale of any type of gutka and pan masala which
contain tobacco or nicotine for a period of one year.