Ankur Gutkha v. India Asthma Care Society

The Court directed State Governments that have banned the sale and manufacture of gutka and pan masala containing tobacco to file compliance reports and State Governments that have not banned such sales to file affidavits stating why they have not implemented a ban.

Ankur Gutkha v. India Asthma Care Society, Petition{s) for Special Leave to Appeal {Civil) No{s). 16308/2007, Supreme Court of India (April 3, 2013).

  • India
  • Apr 3, 2013
  • Supreme Court of India

Parties

Plaintiff Ankur Gutkha

Defendant Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"Ms. Indira Jaisingh, learned Additional Solicitor General invited the Court's attention to notifications issued by the Government of 23 States and the Administrators of 5 Union Territories for imposing complete ban on Gutkha and Pan Masala with tobacco and/or nicotine and then stated that notwithstanding the ban, the manufactures have devised a subterfuge for selling Gutkha and Pan Masala in separate pouches and in this manner the ban is being flouted. Ms. Indira Jaisingh also placed before the Court xerox copy of D.O.No.P.16012/12/11-Part I dated 27.08.2012 sent by the Special Secretary, Ministry of Health and Family Welfare, Government of India to the Chief Secretaries of all the States except the States of Madhya Pradesh, Kerala, Bihar, Rajasthan, Maharashtra, Haryana, Chhatisgarh and Jharkhand and submitted that the Court may call upon the remaining States and Union Territories to issue necessary notifications. In view of the statement made by the learned Additional Solicitor General , we order issue of notice to the Chief Secretaries of the States and the Administrators of the Union Territories which have so far not issued notification in terms of 2006 Act to apprise this Court with the reasons as to why they have not taken action pursuant to letter dated 27.08.2012."