Tobacco leaf & pan masala, without tobacco or nicotine, out of ban list

Port Blair, June 19: A&N Administration had last year issued a notification vide No. 132 dated 21st Sept, 2016 prohibiting the purchase/sale of tobacco leaf alongwith other items Zarda/Pan Masala, Gutka etc.

There was a popular demand from general public for allowing tobacco leaf as it had become a part and parcel of life style of many communities and old age people. After receiving public response on this, a legal opinion was taken on the subject along with wide consultations with other States of the country.

It came into notice that none other States of the country had banned tobacco leaf as such. Most of the States have banned tobacco products having tobacco and or nicotine as one of the ingredients. Also Hon’ble Supreme Court in the case CENTRAL ARECANUT MARKETING COPN & ORS. V/S UNION OF INDIA (W.P. No. (C)344/2011) had ordered for total compliance of the ban imposed on “manufacturing and sale of gutka and pan masala with tobacco or nicotine”.

Hence considering the above facts of the case, the A&N Administration has reviewed its earlier notification and withdrawn its notification no. 132 dated 21 Sept, 2016. Further the A&N Administration had notified the following as ban in its prohibition order:-

“Manufacture, storage, distribution, sale, all forms of processed / flavoured/ scented chewing tobacco, whether going by the name or form of gutka, pan masala, zarda packed and unpacked/ loose etc. containing tobacco and or nicotine as ingredient.”Under the provisions of Food Safety and Standards Act, 2006.

It is noteworthy that the tobacco leaf and pan masala (not having tobacco or nicotine as one of the ingredient) are out of the ban list.

This would come has a great relief to the old age and general public at large who are habituated to the tobacco leaf and pan masala (not having tobacco or nicotine)

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