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citation needed

SUPERINTENDENT OF CENTRAL EXCISE

Gentlemen,

                     Could you provide me with the citation of the case in which the Indian Astma care society was the petitioner and in that case the Rajasthan High court  ordered that plastic sachets be prohibited for packing products like gutkha and pan masala?

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

 

Rajasthan High Court
Indian Asthama Care Society And ... vs State Of Rajasthan And Ors. on 29 August, 2007
Equivalent citations: RLW 2008 (1) Raj 742
Author: S K Sharma
Bench: S K Sharma, G Singh

JUDGMENT

Shiv Kumar Sharma, J.

1. Finding sachets of Gutkha, Tobacco and Pan Masala lying scattered at public places, the petitioners have approached this Court with the request to invoke 'The Pollutor pays Principle' and impose fine on the manufacturers of Gutkha, Tobacco and Pan Masala.

2. The "pollutor pays principle" implies that the absolute liability to harm the environment extends upon the pollutor not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. The principle provides that where the environment has been damaged/degraded on account of pollution, the pollutor would be liable to compensate the individual sufferers and to pay the cost of restoring the damaged ecology.

3. It is urged on behalf of the petitioners that sachets are made of plastic which is one of the major toxic pollutants, therefore the respondents No. 3tol5 and other manufacturers of Gutkha, Tobacco and Pan Masala should be restrained from selling their products in sachets. The contention of respondents No. 3tol5 however is that no pollution is being caused by the sachets.

4. Having given our anxious consideration to the rival submissions we are of the view that before issuing any direction as sought by the petitioners, the question whether the sachets poison and pollute the natural resources and the environment needs to be examined by experts.

5. Undoubtedly plastic plays the villain right from the stage of its production. The major chemicals that go into the making of plastic are highly toxic and pose serious threat to living beings of all species on earth. Some of the Constituents of plastic such as benzene and vinyle chloride are known to cause cancer, while many others are gases and liquid hydrocarbons that vitiate earth and air. Plastic resins themselves are flammable and have contributed considerably to several accidents worldwide. Like in the case of all other chemical substances 'disposal' of plastic is a myth. Once plastic is produced, the harm is done once and for all. Plastic defies any kind of attempt at disposal - be it through recycling, burning or land filling. Since plastic does not undergo bacterial decomposition, land filling using plastic would mean preserving the poison forever when burned, plastic releases a host of poisonous chemicals into the air, including dioxin, the most toxic substance known to science. Recycling of plastic is associated with skin and respiratory problems, resulting from exposure to and inhalation of toxic fumes, especially hydrocarbons and residues released during the process. What is worse, the recycled plastic degrades in quality and necessitates the production of more new plastic to make the original product. Plastic waste clog the drains and thus hit especially urban sewage systems. The plastic waste being dumped into rivers, streams and seas contaminate the water, soil, marine life and also the very air we breathe. Choked drains provide excellent breeding grounds for disease causing mosquitoes besides causing flooding during the monsoons. Any attempt to get rid of plastic through landfills is also dangerous. Apart from toxic seepage from the landfill resulting in the contamination of precious water sources, the waste mass impedes the flow of ground water as well and obstructs the movement of roots - thereby badly affecting the soil's biological balance and organic process. Landfills are also prone to leaks. The wastes - especially cadmium and lead in the wastes - invariably mix with rain water, then seep through the ground and drain into nearby streams and lakes and other water bodies. Thus the water get poisoned.

6. QUICK FACTS ON PLASTIC POLLUTION:

- A plastic milk jug takes 1 million years to decompose.

- A plastic cup can take 5-80 years to decompose.

- Plastic bags and other plastic garbage thrown into the ocean kill as many 1 million sea creatures every year.

- By discarding plastic thoughtlessly, especially fishing gear and packaging people are accidentally causing the deaths of millions of mammals, birds, reptiles and fish every year.

6.1. The problem of plastic pollution is serious. Public nuisance, because of plastic pollution to the detriment of the people, is a challenge to the social justice component of the rule of law.

6.2. It is well settled that all human beings have the fundamental right to unpolluted environment, pollution free water and air. The State is obliged to preserve and protect the environment. It is mandatory for the State and its agencies to conceive, anticipate, prevent and attack the causes of environmental degradations.

7. Keeping in view the aforesaid considerations, we direct as follows:

(i) The Chief Secretary, State of Rajasthan, within two months from today, shall get the sachets of Gutkha, Tobacco and Pan Masala (sold and consumed in Rajasthan) examined by Forensic Science Laboratory and to enquire as to whether sachets contain plastic material.

(ii) If the FSL report discloses that the sachets contain plastic material, the respondents No. 3tol5 and other manufacturers shall pay pollution fine to the Chief Secretary as follows:

________________________________________________________ Turn over of unit for the period Amount of fine from 1-4-2006 to 31-3-2007

_________________________________________________________ Upto Rs. 1,00,000/- Rs. 30,000/- Between Rs. 1,00,000/- and 3,00,000/- Rs. 60,000/- Between Rs. 3,00,000/- and 10,00,000/- Rs. 1,50,000/- Between Rs. 10,00,000/- and 50,00,000/- Rs. 7,00,000/- Between Rs. 50,00,000/- and Rs.l Crore Rs. 12,00,000/- and more

_________________________________________________________

(iii) The respondents No. 3 to 15 and other manufacturers of Gutkha, Tobacco and Pan Masala are restrained from using plastic material in the sachets of Gutkha, Tobacco and Pan Masala.

(iv) The respondents No. 3 to 15 and other manufacturers shall comply in letter and spirit the provisions contained in the Cigarettes and Other Tobacco Products (Prohibition Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 which came into force w.e.f. February 11, 2007.

(v) There shall be no order as to costs.

(vi) The writ petitions stand disposed of as indicated above.

(vii) A copy of this order shall be transmitted to the Chief Secretary, for compliance.

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

My Brother Adv. Nalin R Shroff is a leading Excise Consultant and Advocate , for over 30 years. 

You are welcome to his website for any citations or any help and Consultation.  As yo are / were connected to Central Excise, YOU ARE MOST WELCOME. 

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SUPERINTENDENT OF CENTRAL EXCISE

thank you very much

 
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Hi

i'm part of a research organization and we are currently doing a paper on gutka ban in India. I understand the above case has been appealed in the Supreme court, Case no. 16308/2007. The SC website gives the case status as pending but there are no further orders of listing.

Many thanks for your help.

regards

 
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Hi... I need to know the status of this particular case. Thanks

 
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ADVISOR

Here is the copy of the interim order passed by the Supreme Court dated 09.03.2011.

The main case is still pending

 

    

      UPON hearing counsel the Court made the following
                          O R D E R
           Heard     learned      counsel       for    the     parties     and
perused    the   record     including          the    affidavit       of   Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
           Interim        order      dated      7.9.2007        and     other
similar orders passed by this Court are vacated and the
following directions are given:
  1) The learned Solicitor General should instruct the
      concerned         Ministries        to         approach       National
      Institute      of     Public       Health        to    undertake      a
      comprehensive analysis and study of the contents
      of   gutkha,        tobacco,       pan    masala       and      similar
      articles manufactured in the country and harmful
      effects      of      consumption          of      such       articles.
      The learned Solicitor General says that a report
      based on such study will be made available within
      eight weeks.
  2) The    Plastics        (Manufacture,            Usage      and     Waste
      Management)       Rules,    2009     be    finalised,         notified
      and enforced within a period of eight weeks from
      today.
  3) The direction contained in the impugned order of
      the High Court for imposition of fine shall remain
      stayed.
  4) Respondent Nos.3 to 15 and other manufacturers of
      gutkha, tobacco, pan masala are restrained from
      using plastic material in the sachets of gutkha,
      tobacco and pan masala. This direction shall come
      into force with effect from 1st March, 2011.
           For further hearing, the case be listed on
                    


March 9, 2011.

 
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ADVISOR

Originally posted by :B.K.GUPTA
"
Here is the copy of the interim order passed by the Supreme Court dated 09.03.2011.

The main case is still pending

 




UPON hearing counsel the Court made the following
O R D E R
Heard learned counsel for the parties and
perused the record including the affidavit of Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
Interim order dated 7.9.2007 and other
similar orders passed by this Court are vacated and the
following directions are given:
1) The learned Solicitor General should instruct the
concerned Ministries to approach National
Institute of Public Health to undertake a
comprehensive analysis and study of the contents
of gutkha, tobacco, pan masala and similar
articles manufactured in the country and harmful
effects of consumption of such articles.
The learned Solicitor General says that a report
based on such study will be made available within
eight weeks.
2) The Plastics (Manufacture, Usage and Waste
Management) Rules, 2009 be finalised, notified
and enforced within a period of eight weeks from
today.
3) The direction contained in the impugned order of
the High Court for imposition of fine shall remain
stayed.
4) Respondent Nos.3 to 15 and other manufacturers of
gutkha, tobacco, pan masala are restrained from
using plastic material in the sachets of gutkha,
tobacco and pan masala. This direction shall come
into force with effect from 1st March, 2011.
For further hearing, the case be listed on



March 9, 2011.
 
"
 
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