RAMESH KUMAR VERMA (pursuing company secretary course) 14 April 2011

SC refuses to lift ban on sale of Gutka in plastic sachets

SC refuses to lift ban on sale of Gutka in plastic sachets

The Supreme Court on Wednesday refused to lift the ban on sale of tobacco products such as gutka and pan masala in plastic sachets and allowed several civil societies and manufacturers of non-smoking, chewing tobacco products such as gutka to become a party to the proceedings against a plea for their sale in plastic sachets.

A Bench of Justices G. S. Singhvi and K. S. Radhakrishnan, after hearing counsel for gutka manufacturers, made it clear that the stay could not be vacated.

The Bench allowed impleadment applications of various stakeholders, observing that it would hear all their concerns. It directed Solicitor General Gopal Subramaniam to file the Centre's response to the issues raised by the stakeholders within four weeks, and granted four weeks thereafter for the gutka manufacturers and other non-governmental organisations to file their replies, if any.

The Bench directed the government to make available to the parties concerned within two weeks copies of the National Institute of Health and Family Welfare report submitted to the Supreme Court in February on the contents of gutkha, tobacco, pan masala and similar articles manufactured in the country and on the harmful effects of consuming such articles. The Bench posted the matter to July 20.

Source: - the hindu.com news paper

Reply Follow

5 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 15 April 2011

wht comment we can done ?

supreme power is always supreme!

in my view it should be ban instantly!

RADHAKRISHNAN (SUPERINTENDENT OF CENTRAL EXCISE) 03 March 2012

What is the citation of the case and the latest development in this regard?

B.K.GUPTA... (ADVISOR) 29 March 2012

SLP(civil) 16308 of 2007

Ankur Gutkha is the petitioner

B.K.GUPTA... (ADVISOR) 27 May 2012

      UPON hearing counsel the Court made the following
                          O R D E R
           Heard     learned      counsel       for    the     parties     and
perused    the   record     including          the    affidavit       of   Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
           Interim        order      dated      7.9.2007        and     other
similar orders passed by this Court are vacated and the
following directions are given:
  1) The learned Solicitor General should instruct the
      concerned         Ministries        to         approach       National
      Institute      of     Public       Health        to    undertake      a
      comprehensive analysis and study of the contents
      of   gutkha,        tobacco,       pan    masala       and      similar
      articles manufactured in the country and harmful
      effects      of      consumption          of      such       articles.
      The learned Solicitor General says that a report
      based on such study will be made available within
      eight weeks.
  2) The    Plastics        (Manufacture,            Usage      and     Waste
      Management)       Rules,    2009     be    finalised,         notified
      and enforced within a period of eight weeks from
      today.
  3) The direction contained in the impugned order of
      the High Court for imposition of fine shall remain
      stayed.
  4) Respondent Nos.3 to 15 and other manufacturers of
      gutkha, tobacco, pan masala are restrained from
      using plastic material in the sachets of gutkha,
      tobacco and pan masala. This direction shall come
      into force with effect from 1st March, 2011.
           For further hearing, the case be listed on
                    3


March 9, 2011.

B.K.GUPTA... (ADVISOR) 27 May 2012

This is the interim order passed by the Supreme Court

on March 9,2011.The SLP is still pending.

Originally posted by :B.K.GUPTA

UPON hearing counsel the Court made the following
O R D E R
Heard learned counsel for the parties and
perused the record including the affidavit of Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
Interim order dated 7.9.2007 and other
similar orders passed by this Court are vacated and the
following directions are given:
1) The learned Solicitor General should instruct the
concerned Ministries to approach National
Institute of Public Health to undertake a
comprehensive analysis and study of the contents
of gutkha, tobacco, pan masala and similar
articles manufactured in the country and harmful
effects of consumption of such articles.
The learned Solicitor General says that a report
based on such study will be made available within
eight weeks.
2) The Plastics (Manufacture, Usage and Waste
Management) Rules, 2009 be finalised, notified
and enforced within a period of eight weeks from
today.
3) The direction contained in the impugned order of
the High Court for imposition of fine shall remain
stayed.
4) Respondent Nos.3 to 15 and other manufacturers of
gutkha, tobacco, pan masala are restrained from
using plastic material in the sachets of gutkha,
tobacco and pan masala. This direction shall come
into force with effect from 1st March, 2011.
For further hearing, the case be listed on
3

March 9, 2011.