E-commerce platforms delivering pan masala & gutka in Maha: PIL
The petitioner, Bhandara-based businessman Rohan Jaiswal, claimed that he ordered tobacco-laced pan masala via the e-commerce app and had it delivered to his doorstep. The PIL alleges that despite a statewide ban on gutka and pan masala with tobacco and areca nut (supari), such products are freely available through online platforms. Jaiswal's counsel, advocate Yuvan Chougule, urged the court to initiate immediate action and prevent unlawful delivery of such hazardous substances.
A division bench of Justices Nitin Sambre and Sachin Deshmukh took cognisance of the plea during a hearing on Friday. The court issued notices to the secretary of state rural development department, food and drug administration (FDA), Nagpur collector, and police commissioner. All respondents were directed to file their replies within one week.
According to the PIL, on May 11, 2025, Jaiswal was browsing the e-commerce application when he found banned pan masala products being listed.
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He placed an order for one such product from a private manufacturer, which was subsequently delivered to his address. The petitioner submitted the order bill, app screenshots, and UPI transaction proof as part of evidence before the court.
The petition pointed out that the Maharashtra govt, via a 2012 notification, had banned manufacture, sale, and distribution of food products containing tobacco and supari. This ban was extended in July 2024 by another year.
Yet, the PIL claimed, such banned products were being delivered by e-commerce platforms, raising serious concerns over regulatory enforcement and public health.
Jaiswal claimed that he filed an RTI query to ascertain which govt department granted approval for such online sale, if any, but has not received a reply yet.
The PIL demands that action be taken against errant online platforms under existing food safety and public health laws.
It also seeks a directive to inform all online companies operating in Maharashtra about the ban and ensure they do not facilitate the sale or delivery of gutka, pan masala, or any other tobacco-laced food item.
Petitioner's Contentions
- E-commerce platform delivered banned tobacco-laced pan masala despite a state-wide prohibition
- The product was ordered via the app on May 11, 2025, and delivered to his home
- Evidence including bill, app screenshots, and UPI payment proof submitted to court
- Sale violates 2012 Maharashtra govt ban on tobacco and supari-based food products
- Ban extended in July 2024, yet online delivery continues unchecked
- Filed RTI seeking details of any authority permitting such sales; no response received
- Argues this poses a serious threat to public health
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