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Karnataka High Court

The Cancer Patients Aid Association vs The Government Of Karnataka on 15 November, 2016

Bench: Chief Justice, K.Somashekar

                          1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15th DAY OF NOVEMBER, 2016

                       PRESENT

       THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
                    CHIEF JUSTICE
                         AND
        THE HON'BLE MR. JUSTICE K.SOMASHEKAR

      WRIT PETITION NO.40979 OF 2015 (GM-RES-PIL)
BETWEEN:

     THE CANCER PATIENTS AID ASSOCIATION
     A REGISTERED SOCIETY, HAVING ITS
     REGISTERED OFFICE AT 5, MALHOTRA
     HOUSE, OPPOSITE GPO MUMBAI-400 001,
     HAVING ITS BANGALORE OFFICE AT
     2ND STAGE, INDIRANAGAR
     BANGALORE-560038
     REPRESENTED BY ITS SECRETARY
                                      ... PETITIONER
(BY SRI K V DHANANJAY, ADVOCATE)

AND:

1.     THE GOVERNMENT OF KARNATAKA
       HEALTH AND FAMILY WELFARE DEPARTMENT,
       ROOM NO.105, 1ST FLOOR, VIKAS SOUDHA,
       BANGALORE-560001, REPRESENTED BY
       ITS PRINCIPAL SECRETARY

2.     THE FOOD SAFETY COMMISSIONER
       FOR KARNATAKA
       HEALTH AND FAMILY WELFARE DEPARTMENT,
       4TH FLOOR, IPP ANNEXE,
                          2


     ANAND RAO CIRCLE,
     BANGALORE-560009

3.   THE KARNATAKA STATE ANTI-TOBACCO CELL
     4TH FLOOR, IPP ANNEXE, DIRECTORATE OF
     HEALTH AND FAMILY WELFARE SERVICES,
     ANAND RAO CIRCLE, BANGALORE-560009,
     REPRESENTED BY ITS CHAIRPERSON

4.   UNION OF INDIA
     MINISTRY OF HEALTH AND FAMILY WELFARE
     NIRMAN BHAVAN, C-WING,
     NEW DELHI-110001
     REPRESENTED BY ITS SECRETARY

5.   THE FOOD SAFETY AND STANDARDS
     AUTHORITY OF INDIA
     FDA BAHVAN NEAR BAL BAHAVAN,
     KOTLA ROAD,
     NEW DELHI-110012
                                   ... RESPONDENTS
(BY Dr.ADITHYA SONDHI, ADDITIONAL ADVOCATE
GENERAL ALONG WITH SRI H.VENKATESH DODDERI,
ADDL. GOVT. ADVOCATE GOVT ADV FOR R1-R3;
SRI M BINDY AIYAPPA, CGC, FOR R-4;
SMT.SHEETHAL SONY, ADVOCATE FOR R-5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND  OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT   THE   RESPONDENTS      TO   PROHIBIT   THE
MANUFACTURE, STORAGE, SALE AND DISTRIBUTION OF
ALL FORMS OF CHEWING TOBACCO, INCLUDING
FLAVOURED/SCENTED TOBACCO, PLAIN OR MIXED WITH
OTHER ACTIVITIES WHETHER GOING BY THE NAME OF
CHEWING TOBACCO, KHARRA, KHAINI OR ZARDA OR BY
WHATSOEVER NAME CALLED, WHETHER PACKAGED OR
UNPACKAGED, AND / OR SOLD AS ONE PRODUCT OR
PACKAGED   AS    SEPARATE    PRODUCTS,   SOLD    OR
DISTRIBUTED IN SUCH A MANNER AS TO FACILITATE
                                3


MIXING BY THE CONSUMER OR TO BE CONSUMED PLAIN,
AS   PER   THE  FOOD   SAFETY  AND   STANDARDS
[PROHIBITION   AND   RESTRICTIONS  ON    SALES]
REGULATIONS, 2011 IN THE INTEREST OF PUBLIC
HEALTH.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE CHIEF JUSTICE MADE THE FOLLOWING:

                           ORDER

This is a petition, in substance, to prohibit the manufacture, storage, sale or distribution of all forms of chewing tobacco including flavoured/scented tobacco, plain or mixed with other additives, whether going by the name of chewing tobacco, kharra, khaini or zarda, or by whatsoever name called, whether packaged or unpackaged, and/or sold as one product or packaged as separate products, so as to facilitate mixing by the consumer, or to be consumed plain..

2. Dr.Aditya Sondhi, learned Additional Advocate General appearing for the State, files a memorandum annexing a copy of the order dated October 26, 2016, issued by the Food Safety Commissioner, Government of Karnataka, directing all the Deputy Commissioners, 4 designated officers and food supply officers to prohibit the manufacture, storage, distribution or sale of Ghutka and Pan Masala (containing tobacco or nicotine) and any other product marketed separately to constitute Ghutka or Pan Masala as final product, by whatsoever name called, whether packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer, in their district/jurisdiction.

3. An application, being I.A. No.I of 2016, is filed for addition of party.

4. Mr.K.G.Raghavan, learned senior advocate in support of the impleading application, submits that his client is a manufacturer of chewing tobacco and is entitled to continue his business.

5. When the Government has issued a notification/order expressing concern about the ill-effects of tobacco and nicotine, we feel that nothing survives for decision in this petition.

6. We, therefore, close the writ petition. Consequently, the application for addition of party becomes infructuous and is dismissed.

7. However, in the event of any problem arising in connection with implementation of the Government Order dated October 26, 2016, liberty is granted to the writ petitioner to approach the authorities for proper implementation of the said order.

8. As a precautionary measure, we clarify that we have not gone into the merits of the order dated October 26, 2016 and express no opinion on the contents of the said order.

9. We make no order as to costs.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE vgh*