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RADHAKRISHNAN (SUPERINTENDENT OF CENTRAL EXCISE)     02 March 2012

Citation

sir,

      Could anyone provide the citation  of the case in which the Supreme Court prohibited the packing of gutkha,panmasala etc in plastic sachets?The bench was headed by JusticeG.S.Singhvi



Learning

 4 Replies

B.K.GUPTA... (ADVISOR)     29 March 2012

 

                                     1


ITEM NO.2                   COURT NO.10             SECTION XV

             S U P R E M E     C O U R T   O F    I N D I A
                            RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).16308/2007
(From the judgement and order dated 29/08/2007 in CWP No. 1966/2003
of The HIGH COURT OF RAJASTHAN AT JAIPUR)

ANKUR GUTKHA                                           Petitioner(s)

                   VERSUS

INDIAN ASTHAMA CARE SOCIETY & ORS.                     Respondent(s)

(With prayer for interim relief and office report )
WITH
SLP(C) NO. 16314 of 2007
(With appln.(s) for exemption from filing c/c of            the impugned
judgment and with prayer for interim relief and office      report)
SLP(C) NO. 16317 of 2007
(With appln.(s) for exemption from filing c/c of            the impugned
judgment and with prayer for interim relief and office      report)
SLP(C) NO. 19467-19469 of 2007
(With prayer for interim relief and office report)

Date: 07/12/2010    These Petitions were called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE G.S. SINGHVI
          HON'BLE MR. JUSTICE ASOK KUMAR GANGULY

For Petitioner(s)     Mr. Rahul Pratap, Adv.
                      Mr. Jayant Mohan, Adv.

                      Mr. K.C. Dua, Adv.

For Respondent(s)     Mr. Gopal Subramanium, S.G.
                      Mr. Anand Varma, Adv.
                      Mr. R.K. Rath, Adv.

                      Ms. Archana Pathak Dave, Adv.
                      Mr. Irshad Ahmad,Adv.
                      Mr. Narottam Vyas, Adv.

                      Mr. Guru Krishna Kumar, Adv.
                      Mrs. Srikala, Adv.

                      Mr.   Lalit Chauhan, Adv.
                      Ms.   Rukhmini Bobde, Adv.
                      Ms.   Soumi Gurathakurta, Adv.
                      For   Parekh & CO., A.O.R.
                                     2



                 Mr. Rohit Bhat, Adv.
                 Mr. Vikas Mehta,A.O.R.

      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
                    3


March 9, 2011.


    (A.D. Sharma)       (Phoolan Wati Arora)
     Court Master           Court Master


B.K.GUPTA... (ADVISOR)     29 March 2012

Mr Radhakrishnan

I have provided the order desired by you.

I would like to tell you that getting copy of orders is not so easy as that of  judgements.So please keep in mind to provide better possible details you have so that one could be of help.

B.K.GUPTA... (ADVISOR)     29 March 2012

It was an interim order made during hearing of an appeal.

B.K.GUPTA... (ADVISOR)     29 March 2012

Copy of Rajasthan High Court Judgement is also attached herewith.

The order you asked for was delivered in appeal to supreme court.


Attached File : 561832494 rajasthan high court-gutkha pan masala.pdf downloaded: 76 times

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