PIL Seeks Complete Ban On Chewing Tobacco In Bihar: Patna HC Directs Competent Authority To Take Decision On Representation In 3 Months

While dealing with a Public Interest Litigation (PIL) plea seeking a complete ban on chewing tobacco, pure tobacco, Khaini, etc in the State of Bihar, the Patna High Court asked the petitioner to approach the competent authority with his grievance and directed such authority to take a decision on the representation in 3 months.

Significantly, the instant PIL plea also sought a complete prohibition in the manufacture, storage, distribution, transportation, display or sale of any type of Gutkha and Pan Masala containing tobacco and/or nicotine, and pursuant to the filing of the plea, the Bihar Government, in fact, issued an order imposing such a ban.

On March 25, 2022, when the Court was informed that one out of two prayers had been answered by the executive by way of issuing an order in that regard, the Court asked the petitioner to approach the competent authority under the provisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 as also the Food Safety and Standards Act, 2006, venting out the surviving grievance (second prayer) enabling the authority to take an appropriate decision in this regard.

With this, the petition was disposed of in the aforesaid terms reserving liberty, as aforesaid. Further, the Court expressed a hope that the appropriate authority dealing with the issue, shall take a decision at the earliest and preferably within a period of three months thereafter, and a copy of the decision assigning reasons shall be supplied to the petitioner, who is at liberty to pursue the matter if the need so arises.

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar was dealing with the PIL plea filed by the petitioner, Rounak Sinha, a Law Student (3rd Year) of Marwadi University, Rajkot, Gujarat.

For the sake of clarity, it may be noted that the following two prayers had been made in his PIL:

"i. For the issuance of a writ of mandamus, and/or, any other appropriate writ/direction/order commanding the respondent no. 1 to impose the complete prohibition in the manufacture, storage, distribution, transportation, display or sale of any type of Gutkha and Pan Masala containing tobacco and/or nicotine.

ii. For the issuance of writ of mandamus and/or, any other appropriate writ/direction/order commanding the respondent no. 1 to impose the complete prohibition on chewing tobacco, pure tobacco, Khaini, Kharra scented tobacco/Flavoured tobacco or by whatever name locally it is called packed in sachets/pouches/package in the State of Bihar."

Regarding the first prayer, the Bihar Government, on February 23, 2022, issued an order prohibiting the manufacture, storage, distribution, transportation, display or sale of any type of Gutkha and Pan Masala, containing tobacco and/or nicotine, whether packaged or unpackaged, within the State of Bihar.

Case title - Rounak Sinha v. State Of Bihar

Citation: 2022 LiveLaw (Pat) 12

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