The Hindu : Tamil Nadu News : Gutkha ban unconstitutional: court

Online edition of India's National Newspaper
Friday, Sep 17, 2004

Tamil Nadu

Tamil Nadu

Gutkha ban unconstitutional: court

By Our Staff Reporter

CHENNAI, SEPT. 16. The Madras High Court has struck down as `unconstitutional' a November 19, 2001 notification banning the manufacture and sale of chewing tobacco, pan masala and gutkha in Tamil Nadu.

The First Bench, comprising the Chief Justice, B. Subhashan Reddy and Justice S. Ashok Kumar, passed the order on a batch of writ appeals from stockists and manufacturers, after pointing out that the Supreme Court recently held that the State Governments had no power to issue such a notification.The judges said: "The impugned notification is struck down as being unconstitutional and beyond the legislative competence of the State. Accordingly, the writ appeals are allowed. It is needless to mention that any action which is consequential to the enactment of the impugned notification has to be undone. Any material seized has to be restored to the respective writ appellants."

Under the impugned rule under Section 7 of the Prevention of Food Adulteration Act 1954, the State Government had prohibited the manufacture or sale or storage or distribution of chewing tobacco, pan masala and gutkha. The appeals were filed after a single judge upheld the notification.

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