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However, another order by a different bench of High Court today stayed amendment to Prevention of Food Adulteration Act, under which state was going to ban Gutka from May 20.
The court is hearing a petition moved by Ghodavat Industries, manufacturer of gutka and pan masala, saying that government cannot seize their products under PFA Act, for mixing of magnesium carbonate, because since 2003, all tobacco products are governed by Cigarettes and Other Tobacco Products Act passed by the Central government. However, government pleader D A Nalavade argued that the action was independent of Tobacco Act.
A division bench of Justice Bilal Nazki and Justice A P Bhangale refused to grant any interim relief to Ghodavat from seizure.
The court referred the case to larger bench of High Court, as Aurangabad bench of High Court has taken different view on similar petition.
In another case, again filed by Ghodavat along with Dhariwal Industries, the court stayed notification issued by Central government which amends PFA rules, on August 21, 2006. The amendment says that no tobacco or nicotine would be used in food products. State government had said that under this notification, it would ban tobacco products used in food from May 20. HC while staying the notification, admitted petition by Ghodavat and Dhariwal.
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