WP(C) No. 13630 of 2012 · Kerala High Court
Case at a glance
Outcome
Disposed of
Thewrit petition is disposed of directing the Government and it'sagencies to proceed for seizure and destruction of the bannedarticles after 15th of this month
Provisions considered
Judgment
WP(C).No. 13630 of 2012 (S) ---------------------------8. HIGHER EDUCATION DEPARTMENT, REPRESENTED BY ITS PRICIPAL SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.9. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HEALTH & FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI-110001. R1 TO 8 BY SPECIAL GOVERNMENT PLEADER SRI.TOM K. THOMAS R9 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:VK WP(C).No. 13630 of 2012 (S) --------------------------- APPENDIX ---------- PETITIONER(S) EXHIBITS -----------------------EXHIBIT P1: TRUE COPY OF THE ORDER NO.A/1327/2012/CFS/DATED 22-5-2012. EXHIBIT P2: TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC38513/2010 IN KERALA VOLUNTARY HEALTH SERVICES VS.UNION OF INDIA &OTHERS REPORTED IN ILR 2012(2)331.EXHIBIT P3: TRUE COPY OF THE CIRCULAR ISSUED BY THE LOCAL SELFGOVERNMENT ON 26-4-2011.EXHIBIT P4: TRUE COPY OF THE ORDER OF THE DIVISION BENCH OF BOMBAY HIGHCOURT ON MAY 2, 2008 IN WPC 341/2008 OBTAINED FROM THE WEBSITE OFBOMBAY HIGH COURT. RESPONDENTS' EXHIBITS : ---------------------ANNEXURE R2(A).
COPY OF THE GAZETTE DATED 23.05.2012. ANNEXURE R2(B). COPY OF THE CIRCULAR 29.05.2012 ISSUED BY COMMISSIONER OF FOOD SAFETY. ANNEXUR R2(C). COPY OF THE REPORT OF THE DISTRICT FOOD SAFETY OFFICER DATED 2.06.2012. / TRUE COPY /P.A. TO JUDGEVK C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ.-------------------------------WP(C).NO. 13630 of 2012 ---------------------------------Dated this the 14th day of June, 2012JUDGMENT Ramachandran Nair, J. This is a public interest litigation filed for direction toimplement Government's order dated 22.5.2012 prohibitingmanufacture, sale and distribution of Gutkha and panmasala andlike products containing tobacco or nicotin. Petitioner's case isthat the order is not implemented though it came into force witheffect from the date of order itself viz. 22.5.2012. GovernmentPleader on instructions submitted that Government has giventime to the traders till 15th of this month to remove articles fromthe State 2.
Operative part
After hearing both sides what we notice is that thoughthere is prohibition of manufacture, sale and distribution underthe Government order with effect from 22.5.2012 there isnothing in the Government order authorising seizure anddestruction of the stock held by the dealers. Since these productsare not contraband all over India we feel Government rightly WP(C). 13630 /20122permitted transport of these items from the State. Since time isgranted till 15.6.2012 the Government should from 16th onwardsproceed for seizure of the articles and destruction of the same. There is also likelihood of clandestine stocking and sale whichshould be checked by the Government agencies including policeto ensure that the items are no longer available in the State. Thewrit petition is disposed of directing the Government and it'sagencies to proceed for seizure and destruction of the bannedarticles after 15th of this month.
This is ofcourse without prejudiceto the right of the authorities to take penal action under theprovisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation Act 2011 and the Regulationsframed thereunder. C.N.RAMACHANDRAN NAIR, JUDGE C.K.ABDUL REHIM, JUDGEpmn/ WP(C). 13630 /20123 WP(C). 13630 /20124
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.