Henceforth, people who are caught selling gutka in Maharashtra will be booked under section 328 of the Indian Penal Code (IPC), a non-bailable offence. On Wednesday, the state government issued directives to all government agencies that includes police, district collectors and civic bodies, to implement the order. The directives were issued following a Supreme Court decision to allow the state to take action against offenders under section 328 of the Indian Penal Code (IPC).
In 2012, Maharashtra became the first state to ban gutkha. Before the current order, it was a bailable offence with a maximum punishment of six months.
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Food and drug administration (FDA) minister Girish Bapat said that they have issued directives to impose section 328 of the IPC, which is a non-bailable offence against the offenders. It became possible as the apex court in its recent judgment has allowed the state to do so.
He added that it was a long battle as their decision to make the sale a non-bailable offence was challenged by the Aurangabad bench of the Bombay High Court. The court, too, had struck down provisions, which was challenged before the apex court but the court recently gave the ruling in their favour.
Since 2012, the state government has filed 3,727 registered cases against offenders of the gutkha ban and has seized gutkha worth ₹171 crore.
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