Lal v. Ministry of Health

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.