In view of the contention of a petitioner that the Odisha Government’s notification banning production, distribution and sale of gutkha was not comprehensive as it does not cover the flavoured chewing tobacco (zarda) used in paan, the Odisha High Court on Friday directed the petitioner to file an amended petition on the matter.
The Center for legal Aid to Poor (ClAP), which had moved the HC in December last for a complete ban on consumption and trade in nicotine containing smokeless tobacco, argued in the court that last year’s notification of the State Government was evasive and ambiguous as the ban did not cover all forms of chewing tobacco.
However, on such a contention of the petitioner, the State Government’s counsel pointed out that the notification was issued in the light of an earlier notification issued by the Central Government. “In order to modify the State Government notification, a modification of the Central Government notice was to be made first,” the State Government counsel argued.
A Division Bench of the High Court comprising Justices Pradeep K Mohanty and SK Mishra directed the petitioner to file an amended petition making the Central Government a respondent.
The Bench also asked the State Government to file an affidavit stating the details of the amount of gutkha sachets seized in the State after the Government notification was issued in December last year and posted the matter to be adjudicated on August 2, informed ClAP counsel Janmejaya Katakiya.