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2012 DIGILAW 530 (KER)

Baisil Attipetty @ Basil A. G. v. State of Kerala, Represented by its Chief Secretary to Government, Government of Kerala

2012-06-14

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR

body2012
Judgment:- Ramachandran Nair, J. This is a public interest litigation filed for direction to implement Government's order dated 22.5.2012 prohibiting manufacture, sale and distribution of Gutkha and panmasala and like products containing tobacco or nicotin. Petitioner's case is that the order is not implemented though it came into force with effect from the date of order itself viz. 22.5.2012. Government Pleader on instructions submitted that Government has given time to the traders till 15th of this month to remove articles from the State 2. After hearing both sides what we notice is that though there is prohibition of manufacture, sale and distribution under the Government order with effect from 22.5.2012 there is nothing in the Government order authorising seizure and destruction of the stock held by the dealers. Since these products are not contraband all over India we feel Government rightly permitted transport of these items from the State. Since time is granted till 15.6.2012 the Government should from 16th onwards proceed for seizure of the articles and destruction of the same. There is also likelihood of clandestine stocking and sale which should be checked by the Government agencies including police to ensure that the items are no longer available in the State. The writ petition is disposed of directing the Government and it's agencies to proceed for seizure and destruction of the banned articles after 15th of this month. This is ofcourse without prejudice to the right of the authorities to take penal action under the provisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation Act 2011 and the Regulations framed thereunder.