This was the hearing of Mr Lal's appeal against his conviction for selling two packets of Gutkha to an employee of the Ministry of Health in contravention of s29(2) of the Smoke-free Environments Act 1990 (s29(2) prohibits the import, sale and distribution of chewing tobacco and other tobacco products for oral use other than smoking).
Mr Lal appealed, amongst other things, on the basis that there was no evidence at the trial that Gutkha was a chewing tobacco.
Andrews J dismissed the appeal, referring to expert evidence that Gutkha contained nicotine, that the nicotine was from tobacco, and that Gutkha is known in India as tobacco suitable for chewing.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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.
This was the hearing of Mr Lal's appeal against his conviction for selling two packets of Gutkha to an employee of the Ministry of Health in contravention of s29(2) of the Smoke-free Environments Act 1990 (s29(2) prohibits the import, sale and distribution of chewing tobacco and other tobacco products for oral use other than smoking).
Mr Lal appealed, amongst other things, on the basis that there was no evidence at the trial that Gutkha was a chewing tobacco.
Andrews J dismissed the appeal, referring to expert evidence that Gutkha contained nicotine, that the nicotine was from tobacco, and that Gutkha is known in India as tobacco suitable for chewing.