Mr. Sivakumar appealed an April 26, 2018 Madras High Court judgment that ordered the transfer of a criminal investigation concerning the illegal manufacture and sale of gutkha and tobacco and/or nicotine pan masala from the State Vigilance Commission to the Central Bureau of Investigation (CBI). The court found that the court below "justly transferred the investigation to CBI after due consideration of all the relevant aspects . . . ." The court agreed that the facts and nature of the crime warranted CBI investigation and dismissed the appeal.
E. Sivakumar v. Union of India, Diary No. 17180/2018, Supreme Court (2018).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"The view so taken by the High Court in the facts of the present case, in our opinion, being a possible view, the ground under consideration is devoid of merit. Suffice it to observe that it is not a case of disregarding the binding decision or precedent of the Coordinate Bench of the same High Court. We say so because, in the impugned judgment the decision of the Coordinate Bench has been distinguished. Besides, the question regarding the necessity to ensure a fair and impartial investigation of the crime, whose tentacles were not limited to the State of Tamil Nadu but transcended beyond to other States and may be overseas besides involving high ranking officials of the State as well as the Central Government, has now been directly answered. For instilling confidence in the minds of the victims as well as public at large, the High Court predicated that it was but necessary to entrust the investigation of such a crime to CBI. Viewed thus, there is no infirmity in the conclusion reached by the High Court in the impugned judgment, for having entrusted the investigation to CBI."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Mr. Sivakumar appealed an April 26, 2018 Madras High Court judgment that ordered the transfer of a criminal investigation concerning the illegal manufacture and sale of gutkha and tobacco and/or nicotine pan masala from the State Vigilance Commission to the Central Bureau of Investigation (CBI). The court found that the court below "justly transferred the investigation to CBI after due consideration of all the relevant aspects . . . ." The court agreed that the facts and nature of the crime warranted CBI investigation and dismissed the appeal.