Sindh High Court (SHC) has directed provincial government to ensure permanent ban of gutka, mainpuri or same product with any other title in the province. Court also directed the provincial government to ensure implementation of Food Ordinance by releasing an order in a petition against the judgment of Session Judge, Thatha, who disposed of the cases of culprits arrested for selling gutka and mainpuri on the ground that these didn't fall in the category of hazard materials.
SHC order stated that District & Sessions Judge, Thatta seems to have ignored that use of the Gutkas have been resulting in serious diseases, including fatal. There have been numbers of studies by experts indicating serious effects of use of 'Gutkas'.
Sessions Judge, Thatta, being not an 'expert in medicine, foods etc' was never competent to make such observation thereby confining term infection dangerous to life to certain diseases only, order said.
The order of the learned Sessions Judge, Thatta also contains a direction to dispose of all cases registered under section 269/270 PPC, in District Thatta in view of his observations, court said and observed that it is unable to find any provision in the code which could allow a Sessions Judge to pass a general direction to all criminal courts of his judicial district, including appellate Court (Additional Sessions Judges).
SHC ordered Sindh Home Secretary, Inspector General of Police (IGP) Sindh, Deputy Commissioners and SSPs all over Sindh to start a campaign, lodge cases against all the culprits who are selling mainpuri, Ghutka under any title by sealing their factories.
Court also ordered Secretary Local Government Sindh to ensure enforcement of Pure Food Ordinance, 1960 which envisages for a license for preparation/manufacturing, processing, blending, preserving, refrigerating, canning or bottling of any food canning or bottling as well to deal as wholesale dealer.
Court also ordered provincial government for appointment of required number of inspectors as per Section 16(1) of Pure Food Ordinance, 1960 by strictly following the rules and procedure for such recruitment.
Order also issued directions for establishing of laboratory, specifically meant for analysis of foods. High court directed provincial Chief Secretary and Law Secretary to ensure implementation of Food Safety and Standards (Food Products Standards and Food additives) Regulations, 2011 so as to bring everything likely for human consumption under some safety and standard criterion.
It also directed all commissioners and deputy commissioners to ensure that Gutka/Mainpuri and similar items are not sold or manufactured in their respective areas. They would be competent to take action against manufacturers, wholesalers and retailers, under the relevant laws.
Court also ordered provincial government to seek opinion of Tobacco Board whether sale of Tobaco Pan Masala is permissible under Tobacco Act/Ordinance or not.