‘Gutka makers can’t challenge ban’ Govt says validity of FSSA, a central Act under which ban is effected, can’t be questioned in HC

‘Gutka makers can’t challenge ban’

Govt says validity of FSSA, a central Act under which ban is effected, can’t be questioned in HC

The state government on Tuesday justified the ban on the manufacture, sale and storage of gutka and paan masala sachets on the grounds that it is its duty to “improve public health and raise the level of nutrition”. This was stated in an affidavit filed by Kamlesh Sankhe, joint commissioner (food) of the food and drug administration, before the Bombay high court in reply to many petitions by gutka and paan masala manufacturers challenging the government notification of July 19. A division bench of chief justice Mohit Shah and justice Nitin Jamdar had restrained the government from destroying gutka and paan masala sachets seized during raids after the notification was issued. The manufacturers have sought quashing of the notification and two regulations of the Food Safety and Standards Act (FSSA) under which the ban was brought into effect. The government’s affidavit states that the manufacturers cannot challenge the constitutional validity of the regulation in HC as the said Act and regulations have been made by the central government. Emphasising on public health, the affidavit states, “Improving public health and raising the level of nutrition is one of the primary duties of the state. The government shall endeavour to bring about prohibition of consumption of intoxicating drinks and drugs, except for medicinal purposes, which are injurious to health.” The government has claimed that the petitioner companies use magnesium carbonate as an anti-caking agent which, along with tobacco and nicotine are injurious to health and have been prohibited from being used in any food product. It added that there is no inherent right to manufacture, distribute, store or sell gutka which, as research shows, are highly dangerous to public health. The HC kept the petitions for hearing on August 16 after the manufacturers sought time to go through the affidavit and file their reply. Dhariwal Industries Private Limited, Ghodavat Paan Masala Products, Rajnandini Foods Private Limited, SDD Agencies Private Limited and Hira Enterprises, all contended that gutka has no nutritional value and cannot be brought under FSSA’s purview as it deals with “food.”