Gutka makers get no interim stay, HC to hear govt first

The Bombay high court on Monday refused to grant interim stay on the ban on the sale of gutka in the state and issued a notice to the government asking for its reply on the petitions filed by gutka manufacturers challenging the ban.

A division bench of chief justice Mohit Shah and justice Nitin Jamdar asked the government to file a reply by August 7, while hearing the petitions filed by gutka manufacturers – Dhariwal Industries Ltd, Ghodawat Pan Masala Product, Rajnandini Foods, SDD Agencies and Hira Enterprises. 

The court refused to grant interim stay on the ban saying no order could be passed without hearing the government.

Anticipating such petitions, the government had filed a caveat in the HC to ensure that no interim stay can be imposed on the ban without their knowledge. Once a caveat is filed, no order can be passed without hearing the party which has filed it.

Government pleader DN Nalavade informed the court that the state had not been given copies of the petitions.  Nalavade also assured the HC that the government would not destroy gutka pouches.

Gutka and paan masala manufacturers had sought the quashing of the stat’s notification, dated July 19, and two regulations under the Food Safety and Standards Act (FSSA) 2006, under which the ban was brought into effect.

The petitioners contended that gutka, which contains 6% tobacco, has no nutritional value and hence, it cannot be brought under the purview of the FSSA that deals with “food”. They added that as gutka contains tobacco, it would be governed under the Cigarettes and other Tobacco Products Act, 2003, a Central government legislation.