A Division Bench comprising Justice Amar Saran and Justice Anurag Kumar passed the order yesterday while hearing a PIL filed by UP Chapter of Indian Dental Association which has sought a ban on the manufacture, sale and distribution of gutkha and pan masala in the state.
The court noted the Special Secretary, Ministry of Health and Family Welfare, Union of India, had issued three letters in July-August, 2012 "which direct the state of UP to pass necessary orders at the state level prohibiting the sale and distribution of gutkha and pan masala containing tobacco".
The court observed that the state government had on September nine this year filed an affidavit in the matter stating it would act "according to the directions of the Central government".
"As the aforesaid letters of the Special Secretary clearly contain the necessary directions to place restrictions on the sale and distribution of gutka or pan masala containing tobacco, we see no impediment before the state for not taking suitable steps for issuing the necessary directions on this matter in the next 14 days".
"The sincerity and commitment of the UP government to care for the health of its citizens by restricting the use of gutkha and pan masala containing tobacco, which is a health hazard, is under examination now," the court observed. MORE
