Delhi government not to take action against chewable tobacco sellers
New Delhi: Delhi High Court on Wednesday restrained city government from taking any coercive action against the sellers and distributors of chewable tobacco on pleas by its manufacturers against ban on sale of the product in the national capital from March 30.
Justice Rajiv Shakdher, however, refused to stay the notification issued by Food Safety Commissioner of Delhi government on March 25 banning storage, sale, distribution and packing of chewable tobacco products in the capital.
The court said that the government will not take "any coercive" action against manufacturers, sellers and distributors till final disposal of petitions filed before it.
The court passed the order after counsel for Delhi government also agreed with its suggestion that no coercive action will be taken against the "similarly placed petitioners till further orders".
The court was also of the view that the government's notification has opened the flood gates and a number of petitioners have rushed with similar pleas.
"Interim application for protection from coercive action is disposed of, the Delhi government will not take any action till final disposal of the petitions pending before it," the court said.
The court order was passed on a batch of petitions filed by manufacturers, including Vishnu Tobacco Products,Trimurti Fragrances Pvt Ltd, Ashok and Company Pan Bahar Ltd, Jaiswal Products and many others seeking quashing of the notification by the Arvind Kejriwal government, banning sale, purchase and storage of all forms of chewable tobacco including "gutkha, khaini and zarda" in the national capital.
The manufacturers had contended that the state government has no power to issue such a notification under the Food Safety and Standards Act.
The pleas also said that they were manufacturing pure tobacco product governed by Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and only the Centre has the power to regulate sale or ban and not the state government.
Delhi Health Minister Satyendra Jain had banned the sale, purchase and storage of chewable tobacco from March 30 saying enforcement teams of Delhi Police as well as Health Department have been asked to conduct surprise inspections across the city to ensure that the ban is implemented.
However, no such ban was enforced on cigarettes. Health Department officials had said there was a Delhi government notification of September 2012, which was in pursuance of a series of directions from the Supreme Court to ban gutkha in the city.
But since the ban mentioned the term "gutkha", the tobacco retailers started selling the components of gutkha (betel nut and raw tobacco) in separate pouches. So, the purpose of banning the item was not served.
Therefore, the health department had last year started with a new proposal to ban all the raw chewable tobacco products in Delhi, a government official had said.
According to officials, gutkha is also being supplied to retailers in Delhi from neighbouring states of Uttar Pradesh and Haryana.
Stepping up efforts towards tobacco control, the Health Department has also launched an innovative drive, creating a 'Tobacco Aware Citizens' Directory' to spread the word about its harmful effects.
