(2012) 255 KLR 714 IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 14TH DAY OF JUNE 2012/24TH JYAISHTA 1934 WP(C).No. 13630 of 2012 (S) --------------------------- PETITIONER: ----------- BAISIL ATTIPETTY @ BASIL A.G, AGED 55 YEARS S/O.GEORGE, RESIDING AT NAYARAMBALAM P.O. ERNAKULAM DISTRICT, KOCHI, KERALA-682509. BY ADV. SRI.A.G.BASIL RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF KERALA, TRIVANDRUM-695001. 2. THE COMMISSIONER OF FOOD SAFETY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3. HOME DEPARTMENT REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM 695001. 4. STATE POLICE CHIEF & DIRECTOR GENERAL OF POLICE GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM-695001. 5. DEPARTMENT OF HEALTH & FAMILY WELFARE REPRESENTED BY ITS SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 6. DEPARTMENT OF LOCAL SELF GOVERNMENT REPRESENTED BY ITS SECRETARY, SECRETARIAT THIRUVANANTHAPURAM 695 001. 7. DEPARTMENT OF PUBLIC INSTRUCTION REPRESENTED BY ITS SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 8. HIGHER EDUCATION DEPARTMENT, REPRESENTED BY ITS PRICIPAL SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 9. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HEALTH & FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI-110001. R1 TO 8 BY SPECIAL GOVERNMENT PLEADER SRI.TOM K. THOMAS R9 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: --------------------------- APPENDIX ---------- PETITIONER(S) EXHIBITS -----------------------
RESPONDENTS' EXHIBITS : ---------------------
/ TRUE COPY / P.A. TO JUDGE VK C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 13630 of 2012 --------------------------------- Dated this the 14th day of June, 2012 Head Note:- Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation Act, 2011 - Public Interest Litigation - Prohibiting manufacture, sale and distribution of Gutkha and panmasala and like products containing tobacco or nicotin - Seizure and destruction of the stock held by the dealers. Held:- Since these products are not contraband all over India Government rightly permitted transport of these items from the State. Since time is granted till 15.6.2012 the Government should from 16th onwards proceed for seizure of the articles and destruction of the same. There is also likelihood of clandestine stocking and sale which should be checked by the Government agencies including police to ensure that the items are no longer available in the State. JUDGMENT Ramachandran Nair, J. This is a public interest litigation filed for direction to implement Government's order dated 22.5.2012 prohibiting manufacture, sale and distribution of Gutkha and panmasala and like products containing tobacco or nicotin. Petitioner's case is that the order is not implemented though it came into force with effect from the date of order itself viz. 22.5.2012. Government Pleader on instructions submitted that Government has given time to the traders till 15th of this month to remove articles from the State. 2. After hearing both sides what we notice is that though there is prohibition of manufacture, sale and distribution under the Government order with effect from 22.5.2012 there is nothing in the Government order authorising seizure and destruction of the stock held by the dealers. Since these products are not contraband all over India we feel Government rightly permitted transport of these items from the State. Since time is granted till 15.6.2012 the Government should from 16th onwards proceed for seizure of the articles and destruction of the same. There is also likelihood of clandestine stocking and sale which should be checked by the Government agencies including police to ensure that the items are no longer available in the State. The writ petition is disposed of directing the Government and it's agencies to proceed for seizure and destruction of the banned articles after 15th of this month. This is ofcourse without prejudice to the right of the authorities to take penal action under the provisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation Act 2011 and the Regulations framed thereunder. C.N.RAMACHANDRAN NAIR, JUDGE C.K.ABDUL REHIM, JUDGE pmn/ |
