HC to give order on pleas challenging gutka ban tomorrow

Arguments of the State as well as gutka and pan masala manufacturers concluded today before Chief Justice Mohit Shah and Justice Nitin Jamdar, who said they would start dictating the verdict tomorrow in the open court.

Gutka manufacturers argued that 'gutka' does not fall within the definition of term "food" and hence the office of the Commissioner of Food and Drugs Administration had no powers to ban this product.

Last week, the High Court had refused to stay the state government's decision to ban manufacture, sale and storage of gutka and pan masala, citing public interest and public health.

The ban on gutka and pan masala -- both flavoured tobacco products -- was imposed through a notification on July 19 under the Food Safety and Standards Act (FSSA).

Senior counsel Ravi Kadam, appearing for Dhariwal Industries, argued that state government's notification spoke of only gutka products and not pan masala.

"There cannot be a complete ban. The ban on gutka products has been imposed as it contains zinc, nicotine and magnesium carbonate, which are injurious to health. But our pan masala products contain minimal amount of zinc, which is not harmful," he argued.

Advocate General Darius Khambatta, however, opposed the petition, stating that laboratory testing of pan masala showed that it too had harmful ingredients.

Justifying the ban, the state government argued that it was its duty to raise level of nutrition and standard of living of citizens.