HC dismisses Pan Masala dealers plea to lift ban

Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google News The Kerala High Court on Thursday dismissed an appeal filed by dealers challenging the single judges interim order which upheld the ban imposed by the state government on the manufacture, storage and sale of gutka, pan masala and their variants containing tobacco and nicotine.  A Division Bench comprising Acting Chief Justice Manjula Chellur and Justice A M Shaffique passed the order while considering a plea filed by Ghodawat Pan Masala Product (I) Pvt Ltd and All-Kerala Tobacco Dealers’ Association challenging the ban. The court declined to stay the Single Judge’s order. “It is not proper to proceed with the matter. However, the petitioners have the liberty to seek early disposal of the case pending before the Single Judge,” the bench held. The Single Judge had held that prima facie the ban notification is not illegal. The petitioners contended that the order had been issued in violation of principles of natural justice. It also violated Article 19(1) (g) (to practice any profession or carry on any trade or business) of the Constitution, they argued. The state has passed the ban order based on an analysis of the products in the Government Analytical Laboratory under the Commissioner of Food Safety and it revealed that the products of the petitioners had contained nicotine and other harmful constituents such as magnesium and carbonate beyond the permissible limits. Besides, their products could not be considered as pan masala conforming to the standards laid down by the Food Safety and Standards Act and Regulations.first published:September 07, 2012, 10:52 ISTlast updated:September 07, 2012, 10:52 IST 
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