The arguments over the petitions filed by tobacco products companies challenging the one-year state ban on gutka and paan masala in the Bombay high court came to an end on Friday. Division bench comprising chief justice Mohit Shah and justice Nitin Jamdar will pass an order on Saturday.
The Central government represented by additional solicitor general (ASG) Kevin Setalwad and counsel Rajani Ayyar representing Tata Memorial Hospital for Cancer and its NGO, Action Against Tobacco argued in support of the ban.
Mr Setalwad argued that even as the Food Safety and Standard Act, 2006 is a Central Act, the state under the delegated power to legislate can impose the ban on food products that are harmful to public health.
“The apex court had asked the National Institute of Health and Family Welfare to file report. Judiciary wanted material against the industry on what are the harmful affects of the industry on society as against the interest of a handful people, who are before this honourable court as petitioners,” argued the counsel. It was further submitted that the state was speaking of loss of `100 crore in taxes and profit of this industry was enormous.
It was pointed out to the court that where one-third of the adult population uses tobacco in one form or other,only nine per cent are smokers. In the state, a staggering 274 million people use tobacco. Cancer due to tobacco is 45 per cent of all the causes of cancers. “Food item that has potential to kill has no positive affect,” the counsel argued.