AURANGABAD: The state police has asked all the commissioners and superintendents of police to invoke section 328 of the Indian Penal Code in gutka cases. The section is defined as ‘causing hurt by means of poison’ and is cognizable and non-bailable offence.
The violation of gutka-related orders involve sale, supply, manufacturing and transportation of gutka and related products for consumption in the state.
Additional director general (law and order) Rajender Singh said, “Our directive to impose section 328 of IPC is an outcome of a petition filed before Bombay high court, which has supported the view to impose section 328 in gutka related cases.”
Citing a communication from the FDA commissioner, the state directorate general of police had on March 8 communicated to all the units commanders that the petition related to slapping of the said section is pending before the High Court and so it should not be imposed in gutka related cases.
In the absence section 328 of IPC, the sections from Food and Drug Act, and Food safety and standard rules 2011 makes the gutka related offence, bailable.
Since July 19, 2012, Maharashtra government has imposed a ban on the sale, manufacture, distribution and storage of gutka and related products. The state government passed resolution on July 20, 2019 renewing ban on gutka, pan masala, flavoured tobacco and betel nut.
However, different views taken by different courts from time to time, resulted to changes in the stand taken by the police in imposing of section 328 of IPC in gutka cases.
In the Maharashtra Vikas Aghadi government, FDA minister Rajendra Shingne has been strongly pitching for imposition of section 328 against all the suspects dealing in gutka. He had even announced that they would appeal against the HC order about imposition of section 328.
Legal experts pointed out that the Nagpur high court this year in January, while hearing a writ petition, clarified that there will be no ban on inter-state transportation of gutka and pan masala through Maharashtra.
At the same time, HC has asked the FDA official to cross verify and ensure that the banned stuff is not unloaded in Maharashtra on the pretext of transporting from the state.
