SIJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a wholesale dealer of tobaccofree pan masala named 'Vimal and Shikkar Pan Masala'. The petitioner has the requisite statutory licenses to manufacture and sell the product. The product is a mouth freshener free from tobacco. The product is found to be edible for human consumption after undergoing a rigorous testing process. The petitioner proposes to transport the product to Kerala through the Muthanga and Valayar Check Posts. The petitioner apprehends that the respondents may seize the product and take unnecessary action against her as done against similar dealers. The authorities have no authority to seize the product. If the product is seized, it would be unnecessarily detained, which would cause injustice to the petitioner. The petitioner is willing to cooperate with the respondents. Hence, a direction may be issued to the respondents to desist from seizing the product merely on a suspicion that it contains tobacco.

(2.) Heard: Sri. N.L.Bitto, the learned counsel for the petitioner and Smt. Vidya Kuriakose, the learned Government Pleader.

(3.) The petitioner seeks an anticipatory mandamus to direct the respondents to desist from seizing the petitioner's product, which she proposes to bring from Karnataka and New Delhi for sale in Kerala.