SC relief to Rajasthan gutkha manufacturers

New Delhi, Sep 7 (UNI) The Supreme Court today lifted the ban imposed by Rajasthan High Court on 'gutkha' manufacturers against using plastic material in sachet of gutkha, tobacco and pan masala in the state.

A Bench comprising Justices BN Agarwal and PP Naolekar also issued notices to the state of Rajasthan, Municipal Corporation Jaipur and Indian Asthma Care Society and Jaipur Citizen Committee on a petition filed by Ankur Gupta.

The Rajasthan High Court vide its order dated August 29, 2007 had directed the manufacturers of gutkha manufacturers to get examined their products by Forensic Science Laboratory and to enquire as to whether, the sachet contain plastic material and further directed that if the FSL report disclosed that sachet contain plastic material, the respondent number 3 to 15 and other manufacturers shall pay pollution fine to the Chief Secretary of the state.

Earlier, counsel for the petitioner mentioned the matter before the Apex Court for urgent hearing of the case a well as for interim stay against the impugned judgement of the High Court. The petitioner also told the court that petitioner's firm has paid Rs 4.2 crores as excise duty, apart from paying 10 per cent duty for national calamity and around Rs 15 lakhs per month as VAT sales tax.

The counsel for the petitioner also contended that none of the products of the company was violating any statutory law.

The petitioner also contended that no expert committee was appointed by the High Court and no expert opinion was sought before banning the use of plastic material in gutkha, tobacco and panmasala sachet.

The Apex Court remarked ''This is how the PILs are being misused.'' UNI AKS/SC JK RAI1624