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No ‘gutkha’ sachets from March 1, rules apex court
R Sedhuraman/TNS

New Delhi, February 17
The Supreme Court today refused to defer the implementation of the ban on the sale of tobacco products such as “gutkha” and “paan masala” in plastic sachets from March 1 despite the manufacturers’ pleadings that they had Rs 200 crore worth of products stacked in godowns and these could not be sold before the deadline.

A Bench comprising Justices GS Singhvi and AK Ganguly passed the order rejecting their plea after the government submitted a report showing that India accounted for 86 per cent of oral cancer cases reported across the world.

Close to 96 per cent of oral cancer cases being treated in India were attributed to tobacco chewing, a report submitted by Solicitor-General Gopal Subramanium said.

The study conducted by experts also showed that a large percentage of schoolchildren were addicted to tobacco. The SG said the government had implemented the December 2010 directives of the Bench on the issue.

At this, the Bench asked, “What was the government doing for so long?”

The manufacturers have also challenged the government notification banning the use of plastic sachets for packing tobacco products. The Bench issued notice to the government on these petitions, seeking its response.

Appearing for some of the manufacturers, senior counsel Ram Jethmalani said the government notification was ultra vires the Constitution as it deprived them of their right to carry on with their business. 

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