The state high court lifted the ban on the manufacture, storage, distribution, or sale of gutka, pan masala, flavoured tobacco, and other such products in the national capital. The high court stated that they had issued a "mechanical manner". However, the authorities exceeded the powers vested in them. Justice Gaurang Kanth quashed the ban notifications issued by the Delhi government’s Food Safety Commissioner between 2015 and 2021. The order was uploaded on the court website on Wednesday.

The judgement was made after several petitions were filed by individuals engaged in the business of lawful manufacture, trade, distribution, and sale of scheduled tobacco products, particularly chewing tobacco, both flavoured and scented.

In the plea, the petitioners challenged various notifications issued by the Delhi government prohibiting various tobacco products. They contended that the notifications were arbitrary and violated their fundamental rights. 

Further, the petitioners argued that the authorities are purporting to ban an artificially created sub-category of tobacco, namely "smokeless tobacco", which includes chewing tobacco, pan masala, gutkha, etc., and other scheduled tobacco products listed under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 (COTPA). 

Hence, in his judgment, Justice Kanth pointed out that in their petition, the petitioners stated the ill effects of smokeless tobacco. He added that the court was of the view that tobacco in any form is injurious to public health. Thus, the court accordingly condemns and discourages the use of any form of tobacco. 

But, in their ruling, he also noted that it was never the intention of Parliament to impose an absolute ban on the manufacture, sale, distribution, and storage of tobacco or tobacco products. On the other hand, Parliament intended to regulate the trade and commerce of tobacco and tobacco products through the COTPA, a Central Act that deals with the tobacco industry. (Source: https://www.hindustantimes.com/cities/delhi-news/delhi-hc-lifts-ban-on-manufacture-sale-of-gutkha-pan-masala-101664476566025.html )