MUMBAI: Now, selling, transporting and storing gutka in the state is a serious crime and the person caught can be booked under non-bailable section 328 of the Indian Penal Code (IPC).

Girish Bapat, Minister for Food, Civil Supplies and Consumer Protection, Food and Drug Administration, said that after the Supreme Court’s order, all Superintendents of Police and District Collectors were told to start taking action against individuals found selling, transporting and storing gutka under section 328 of the IPC. The said section is invoked for causing hurt by means of poison, with intent to commit an offence.

“After action from our department on individuals, gutka manufacturers had approached the Aurangabad bench of Bombay High Court against the government slapping cases under section 328. The court ruled against us and as a result we had approached the Supreme Court,” said Bapat.

In its order in September 2018, the apex court ruled in favour of the State government. “This court order will encourage our staff and boost our efforts to stop illegal distribution and sale of gutka,” he said. 

The sale and consumption of gutka was banned in the State from June 2012. Despite the ban, the selling and tranportation of gutka was on. The FDA has seized large packets of gutka across the state. The State assembly announced that sale of gutka will be a non-bailable offence.

After the announcement, the State seized gutka worth Rs 171 crore and registered 3,727 FIRs. There are 4,600 court cases presently pending in the court. “The department wants these cases to be conducted in fast track courts for speedy results,” said Bapat.