HC declines to stay Delhi govt notification on gutka ban

The court, however, issued notice to the Delhi government, the Centre through the Ministry of Health and Family Welfare and also Food Safety and Standards Authority of India (FSSAI) and sought their response by December 11 on the plea of a city-based gutka manufacturer challenging the September 11 notification.

"Except issuing notices, we are not inclined to pass any order as the notification (of September 11) was issued (by Delhi government) on the basis of the Centre's regulations, which is not under challenge," the bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw said while dismissing the stay application filed by Trimuti Fragrances Private Ltd.

In its plea, the gutka manufacturer had said that the city government had issued the notification in terms of Centre's August 2011 Regulations under the Food Safety and Standards Act.

As per the 2.3.4 of the Regulations, "products (should) not to contain any substance which may be injurious to health; Tobacco and nicotine shall not be used as ingredients in any food product."

Terming the city government's notification as arbitrary, the petition had said, "The notification is arbitrary and bad in law in as much the same is ultra vires the FSS Act itself which does not confer any power to impose permanent prohibition on any food product."