The Hindu : New Delhi News : Order restraining gutka sale in plastic pouches stayed

Online edition of India's National Newspaper
Saturday, Sep 08, 2007
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New Delhi

New Delhi

Order restraining gutka sale in plastic pouches stayed

J. Venkatesan

Products have not violated any statute: companies

Notices issued to the Rajasthan government, Jaipur Municipal Corporation and two NGOs
This is the way public interest litigations are being misused: Bench

New Delhi: The Supreme Court on Friday stayed a judgment of the Rajasthan High Court restraining gutka, tobacco and pan masala manufacturers from selling their products in plastic sachets in the State.

A Bench of Justice B.N. Agrawal and Justice P.P. Naolekar issued notice to the Rajasthan government, Jaipur Municipal Corporation and two NGOs - Indian Asthma Care Society and Jaipur Citizens Committee - on petitions filed by manufacturers Jayanti Gutka, Ankur Gutka and Laxmi Brand.

The Bench, after hearing senior counsel Harish Salve and Mukul Rohatgi for the companies, said, “This is the way public interest litigations are being misused.”

By the impugned judgment of August 29, the High Court, acting on two PIL petitions, had also directed the Chief Secretary of Rajasthan to get the sachets sold in the State examined by Forensic Science Laboratory within two months to indicate whether they contained any plastic material.

It had further directed the manufacturers to pay a fine ranging between Rs. 30,000 and Rs. 12 lakh depending on the turnover of the companies, if the report confirmed presence of harmful material in the sachets.

The High Court also told the companies to comply with the provisions of the Cigarettes and Other Tobacco Products (Prohibition, Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act, 2003, which came into effect from February 2007.

The companies in their special leave petitions challenging the judgment contended that none of the products violated any statute. The restraint order had the effect of prohibiting sale and manufacturing, which directly affected their business rights.

The High Court, apart from restraining their commercial activities, also imposed a huge fine.

The basic ingredients of the pouch was polypropylene and had very small amount of plastic for preserving the product.

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