The Bombay high court on Monday rejected a petition filed by gutka manufacturers seeking stay on the ban on gutka and paan masala in Maharashtra.
The HC, however, asked the Maharashtra government to file its reply by August 7 on a clutch of petitions challenging the recent ban imposed on sale of gutka and
paan masala in the
state.
The government of Maharashtra had issued the ban under the Food Safety and Standards Act (FSSA) on the grounds that presence of magnesium carbonate in paan masala, is injurious to health. The ban was put into effect on July 13.
Terming the ban as “discriminatory”, the petitioners submitted that their business had come to a standstill due to the state’s decision.
The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.
The petitioners contended that gutka, which consists of six per cent tobacco, has no nutritional value and hence, the product cannot be brought under the purview of the FSSA that deals with “food”.
The petitioners sought an “ad interim relief” urging stay on the notification banning the sale of gutka. However, the court said that it would first hear the state.
Government pleader Dhariyasheel Nalawade asked for some more time to file the reply saying that they had not received the petitions.
A division bench headed by Chief Justice Mohit Shah has given the state a week’s time to file its reply. On behalf of the state government, Mr Nalawade assured the court that the state would not destroy the gutka pouches.