In a major relief to gutka and pan masala manufacturers, the Supreme Court on Monday struck down as unconstitutional the notifications issued by Maharashtra and Andhra Pradesh banning these items in the two states.
A bench comprising Justice K G Balakrishnan and Justice B N Srikrishna gave this ruling while allowing the petitions filed by the manufacturers.
The petitioners had challenged the notifications issued by the two states under Section 7(4) of the the Prevention of Food Adulteration Act banning the manufacture and sale of the pan masalas and gutkas for a period of five years.
Writing the judgment for the bench, Justice Srikrishna held that Section 7(4) empowered the authorities in a State to ban items under the Act for a temporary period as the provision was "transitory" in nature.
The Court held that the power to impose a total ban on any food or consumable item rested entirely with the Central Government and hence the State Goverenments could not have come up with the notifications.
The petitioners included Godwat Pan Masala Products India Private Ltd, Venketeswaran Pan Masala Industries Private Ltd, Shivashakti Agencies, Dhariwal Industries Ltd, Dharampal Satyapal Ltd and Sagar Prantya Arecanut Growers Association.
Meanwhile, Maharashtra Food and Drugs Administration Minister Anil Deshmukh said the state government would file a petition in the Supreme Court challenging its judgment of lifting the ban on sale of gutka and pan masala by the state.
"We will consult legal expert and file a petition challenging the Supreme Court judgment," Deshmukh told reporters.
The minister said the Maharashtra government, one of the few states that had banned the product, has declared a temporory ban on sale and manufacture of gutka and pan masala for five years.
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