The direction was given by Chief Justice Mohit Shah and Justice A V Mohata who accepted an undertaking given by Dhariwal Industries that in future the company or its associates would not bring gutkha or any such products in Maharashtra for export or any other purpose.
The undertaking was given after Advocate General Darius Khambata said the government was ready to release the consignment provided Dhariwal Industries assured that it would never again bring gutkha in the state where the manufacture and sale of the tobacco-laced product has been banned.
The HC also suggested the petitioner refrain from bringing gutkha or pan masala in the state. The bench asked the company to follow all export-related norms in Maharashtra while taking away the seized gutkha to neighbouring Gujarat.
The Court was hearing a petition filed by Dhariwal Industries challenging the seizure of its consignment at Nhava Sheva port by the Customs. The stock is lying in a warehouse at the port in Navi Mumbai for the last 45 days.
The judges directed the Commissioner of Customs to allow the consignment to move from Nhava Sheva Port to Gujarat after completion of legal formalities.
According to the petition, in November last year the Food Safety Commissioner had issued a letter to Commissioner of Customs directing that export or import of gutkha and pan masala should not be allowed from any port of the city.
The letter was issued pursuant to a ban imposed on sale, manufacture and storage of gutkha and pan masala by Maharashtra government vide a notification on July 19, 2012.
Soon after the letter was issued, Dhariwal's cargo worth Rs 2.5 crore reached Nhava Sheva Port from the firm's manufacturing plant in Vadodara for export and it was confiscated by Customs authorities.