The Delhi High Court today said the interim stay order by which the AAP government was restrained from taking coercive measures against the sale of chewable tobacco in the national capital will continue till all concerned parties are heard.
A bench of Justice V P Vaish after partially hearing the arguments of a tobacco manufacturer said the interim order of April 8 will continue and posted the matter for September 8 for further hearing.
During the brief hearing, Senior Advocate Abhishek Manu Singhvi appearing for Sugandhi Snuff's said that March 25 notification by the AAP government, banning sale, purchase and storage of all forms of chewable tobacco including "gutkha, khaini and zarda" in the national capital was without application of mind.
"Only union government has the power to exercise control under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) regarding tobacco products," he said, adding that the notification was issued without application of mind and was not in consonance with the COTPA.
Singhvi said the state government has no power to issue such a notification under the Food Safety and Standards Act (FSSA) as the Act does not seek to cover tobacco products which comes under COTPA.
On August 3, the court had refrained itself from from vacating the order restraining the Delhi government from taking any coercive measures against the sale of chewable tobacco products in national capital.
Earlier in April, the high court had issued notice to the Delhi government seeking its response on Sugandhi Snuff's plea seeking quashing of the March 25 notification.
