The Andhra Pradesh High Court has dismissed a PIL seeking direction to the respondents to prohibit Gutka and Pan Masala nearby educational institutions, calling the same as infructuous.
The PIL filed by Oruganti Naresh Kumar has been preferred seeking the following relief:
“…to issue a writ of mandamus declaring the action of official respondents in not prohibiting the manufacturing and sale of Gutka and Pan Masala and also in not restraining the sale of Tobacco products near by Educational Institutions and to the persons below 18 years as illegal, arbitrary and contrary to the Provisions of 2.3.4 of the Food Safety and Standards Regulations 2011 and the Cigarettes and Other Tobacco Products (Prohibition of Advertisements and Regulation of Trade And Commerce, Production, Supply and Distribution) Act 2003 and consequently, direct the respondents to prohibit the Gutka and Pan Masala and further direct the respondents to prohibit the sale of tobacco products in any form within 100 radius of Educational Institutions and their sale to the persons below 18 years and to pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
While considering the PIL the Division Bench of Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu observed that by issuing notification dated 6.12.2021, the State Government has imposed a ban on sale of Gutka and Tobacco Products.
“Even though the said notification is under challenge in separate writ proceedings pending before the Court, the fact remains that the State Government has exercised its power to impose ban on the sale of Gutka. Therefore, this public interest litigation has been rendered infructuous. “