Bombay High Court on Monday refused to quash seizure order of over Rs 3-crore gutkha consignment, observing export of any food product, the manufacture of which is in contravention to the Food Safety and Standards Act (FSSA), is restricted.

A division bench of Chief Justice Mohit Shah and Justice A V Mohta was hearing a petition filed by Kirti Industries and SJJ Exports Ltd seeking to quash and set aside the seizure order of August 23 last year passed by the Food Safety Commissioner.

Gutkha worth Rs 3.70 crore was seized by the Food Safety Commissioner at the Nhava Sheva port here. The gutkha manufactured by Kirti Industries at Silvassa was to be exported to United Arab Emirates (UAE) for sale there.

The seizure order was passed pursuant to a ban imposed on sale, manufacture and storage of gutkha and pan masala by the state government vide a notification dated July 19, 2012 under the Food Safety and Standards Act.

Senior counsel Srihari Aane, appearing for SJJ Exports, argued that the notification imposed a ban on sale, manufacture and storage in Maharashtra but does not specifically put a restriction on export.

The bench, however, observed that just because the FSSA does not specifically mention export it does not mean that there is no restriction on the same.

“Export of gutkha is covered under the FSSA. Export of any goods manufactured in contravention of the FSSA can be restricted. Hence no interim relief can be granted. The consequence of the seizure will be destruction of the seized products,” the Chief Justice said.

The court, however, orally directed the state government to not destroy the seized gutkha for four weeks so as to allow the petitioners to challenge this order in the apex court.

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