HC dismisses PIL on banning chewing tobacco products after govt cites order

BENGALURU: The High Court on Tuesday asked the Cancer Patients Aid Association to approach the state in the event of any problem arising in implementation of the order dated October 26, issued by the state banning all forms of chewing tobacco.

A division bench of Chief Justice Subhro Kamal Mukherjee and Justice K Somashekar issued this direction while dismissing the PIL seeking a ban on chewing tobacco.
The petition was filed by the Mumbai-based association in September 2015 seeking direction to prohibit manufacture, storage, sale and distribution of all forms of chewing tobacco.

“When the government has issued an order expressing concern about the ill-effects of tobacco and nicotine, we feel that nothing survives for decision in this petition. We, therefore, close the writ petition. However, in the event of any problem arising in connection with implementation of the government order dated October 26, 2016, liberty is granted to the petitioner to approach the authorities for proper implementation of the said order,” the bench said.

However, the bench clarified that they have not gone into the merits of the order dated October 26 and express no opinion on the contents of the said order.
This was after Additional Advocate General submitted the order issued by the Commissioner of Food Safety, Government of Karnataka, to the court, as petitioners prayed in their petition, following the directions of the Supreme Court.

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