The Delhi High Court (DHC) upheld the State Government’s notification prohibiting the manufacture, storage, distribution or sale of scented/flavoured tobacco, pan masala, gutka and similar products in the national capital. The DHC rejected the argument that prohibition was limited to only ‘smokeless tobacco’ and therefore, violative of Art.14. The DHC observed that allowing this submission would amount to “the Court sanctioning the distribution and sale of smokeless tobacco in addition to smoking tobacco”. Further, the right and protection under Art.14 cannot be used as right to manufacture, sell or distribute a harmful substance.
