The Supreme Court on Tuesday banned sale of gutka, tobacco and pan masala in plastic sachets from March 2011.
The bench headed by Justice G S Singhvi also asked the manufacturers to decide on the alternative packaging material by then. On the plea of the petitioners ? Jayanti Gutka, Ankur Gutka and Laxmi Brand ? that the order would result in their closure, the court told them to shift to eco-friendly sachets or close down.
The bench asked the government to conduct a survey on the ill effects of tobacco products within eight weeks, and also examine the effects of packaging these products in plastic pouches on human health. The court also directed the Centre to finalise and enforce the Plastics (Manufacture, Usage and Waste Management) Rules, 2009 within eight weeks. Solicitor General Gopal Subramanium told the Bench that the government would get the survey done by the National Institute of Public Health.
The companies in their special leave petitions had contended that none of the products violated any statute and the restraint order passed by the Rajasthan High Court had the effect of prohibiting sale and manufacturing, which directly affected their business rights. The basic ingredients of the pouch was polypropylene and had very small amount of plastic for preserving the product, they added. Earlier, the apex court in September 2007 had stayed the impugned judgment of the high court that restrained gutka, tobacco and pan masala manufacturers from selling their products in plastic sachets in the state.
The high court, apart from restraining their commercial activities, had also directed the manufacturers to pay a fine ranging between Rs 30,000 and Rs 12 lakh.