This is a writ petition seeking directions to enforce Supreme Court orders banning tobacco/pan masala packaging in plastic sachets. The court found that authorities are complying with the directions and disposed of the petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 7746 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 7746 of 2012 Date of decision : 10.7.2012
Surender Saini and others .......Petitioners
Vs.
State of Haryana through Chief Secretary and others
..........Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr. Justice Rakesh Kumar Jain
Present:Mr. Sandeep Arora, Advocate, for the petitioners Mr. Alok Jain, Addl. AG, Punjab Mr. Sumeer Singh Ohlian, AAG, Haryana Mr. Pardeep Singh Poonia, Advocate, for respondent No.11 Mr. Ashish Verma, Advocate, for respondent No.12
Jasbir Singh, Acting Chief Justice (oral)
This petition has been filed seeking issuance of directions to the respondents to take appropriate action against the manufacturers/ distributors/sellers of tobacco/pan masala/gutkha products which are being sold in plastic packets (sachets) contrary to the directions issued by the Hon'ble Supreme Court vide order dated 7.12.2010 passed in the case of Ankur Gutkha v. Indian Asthama Care Society and others and also that various statutory provisions like pictorial warning and giving date of manufacturing are not being followed.
However, when notice of motion was issued by this Court on 27.4.2012, following contention of counsel for the applicant was noticed :-
“Learned counsel for the petitioners has, inter alia, argued that
CWP No. 7746 of 2012
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manufacturers of gutkha, tobacco, pan masala have already been restrained from using plastic material in the sachets of gutkha, tobacco and pan masala. The aforesaid direction has come into force from 1.3.2011, as is evident from the order of Hon'ble The Supreme Court passed on 7.12.2010 (P-5). According to the learned counsel, the practice of packing gutkha, tobacco, pan masala etc. in plastic material in this part of the country is still going on unabated.”
Replies on behalf of respondents No.4 and 12 have been filed
wherein it is stated that in terms of the order passed by the Hon'ble Supreme Court, and also the directions received from the Central Pollution Control Board vide its No. B-17011/7/PWM (PCP) 2006-2007 dated 28.6.2011, necessary instructions have been issued to all the Deputy Commissioners and Executive Officers of Municipal Corporations and Councils in the State of Punjab to take strict action against the violators and confiscate such material being sold contrary to the directions issued by the Hon'ble Supreme Court.
The State of Haryana though has not filed any reply but Mr. Sumeer Singh Ohlian, AAG, Haryana appearing on its behalf states that authorities are strictly complying with the directions issued by the Hon'ble Supreme Court in its order dated 7.12.2010.
In view of what has been stated above, this writ petition has become infructuous and is disposed of accordingly.
(Jasbir Singh) Acting Chief Justice
(Rakesh Kumar Jain) Judge
10.7.2012 Ashwani
1 issue framed by the court
Whether to issue directions for enforcement of Supreme Court order banning tobacco packaging in plastic sachets.
Colour shows how this judgement treated each authority
Ankur Gutkha v. Indian Asthama Care Society and othersReferred¶13
Surender Saini and others
State of Haryana through Chief Secretary and others
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
