Ranchi, March 7: Jharkhand High Court today revoked the government ban on the sale of gul and gutka in the state.

The division bench of Justice S.J. Mukhopadhaya and Justice R.K. Merathia set aside the notification issued by the secretary of health and family welfare department on June 18 last year.

Different gul and gutka companies had moved court, arguing that the state government did not have the authority to ban the sale of the products. The petitioners stated that the Centre in 1992 had imposed a ban on sale of certain cosmetic products, and the state government?s notification is illegal.

The bench, in its order, mentioned that the notification of the Centre has not been challenged and had reserved its order in the matter on November 9, 2004. Arguing on behalf of the petitioners, Supreme Court counsel R.K. Dhawan said gul is not a licensed cosmetic product and is, therefore, out of the purview of the Central government?s notification banning certain cosmetics.

The counsel had earlier cited the decision of the Supreme Court in the Godawat paan masala case, which pronounced the ban on the sale of gutka, gul and paan masala illegal.

The counsel also said gul is a licensed and authorised product and has been ratified by the central excise department. The state government has no power to issue a notification under the provisions of the Prevention of Food and Adulteration Act, 1954, the counsel had said.

The Centre has made laws related to tobacco in 2003 according to which there is no ban on gul and other paan masala products, but only a directive to not sell the products to minors, the counsel said.

The ban had brought down the sale of gul and gutka in the state significantly. While the gutka companies had to bear heavy losses, retailers sold the products on the black market.

Ever since the ban was implemented, the gutkas in the betel shops had become a rare sight. Instead of openly displaying the product, the shopkeepers had started storing them in small boxes.