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Tuesday, Aug 06, 2002

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SC notice to Centre on plea for ban on gutka

By Our Legal Correspondent

NEW DELHI Aug. 5. Even as the Supreme Court today issued notice to the Centre on a petition seeking a direction to ban gutka and pan masala throughout the country, it stayed an Allahabad High Court order, banning their sale and distribution in Uttar Pradesh.

A Bench, comprising G.B. Pattanaik and Ruma Pal stayed the Allahabad High Court order and a subsequent notification issued by the Uttar Pradesh Government banning manufacture, sale and distribution of gutka and pan masala in the State.

The Bench, which granted interim stay on special leave petitions filed by Dharampal Satyapal Ltd.; Kothari Products Ltd and three others challenging the High Court order, also issued notice to necessary parties. The Bench, however, issued notice to the Centre, Andhra Pradesh, and others, including certain gutka and pan masala manufacturers on a special leave petition filed by Society for Cancer in Oral Cavity Protection against a five-judge judgment of the Andhra Pradesh High court rejecting its plea for such a ban.

The petitioner contended that manufacture, sale and consumption of gutka and pan masala be banned in India as it was causing oral cancer resulting in death of more than 6.50 lakh persons.

The petitioner contended that there was already a law enabling both the Central and State authorities to ban manufacture and sale of gutka and pan masala under the Prevention of Food Adulteration Act.

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