(1.) In WP(C) Nos. 1583/2014, 1824/2014, 1996/2014 and 2382/2014, petitioners have challenged the constitutional validity of the Assam Health (Prohibition of Manufacturing, Advertisement, Trade, Storage, Distribution, Sale and Consumption of Zarda, Gutka, Pan Masala, etc containing Tobacco and/or Nicotine) Act, 2013 and have sought for striking down of the same as being unconstitutional and void. On the other hand, petitioner in PIL No. 17/2015 seeks a direction to the State respondents to implement the provisions of the said Act in its letter and spirit.
(2.) We have heard Mr. D.K. Mishra, learned Senior counsel, Mr. S. Pathak, Mr. A.K. Sharma and Mr. B. Prasad, learned counsel for the petitioners in the writ petitions, Mr. S. Dutta, learned Senior counsel and Mr. J. Roy, learned counsel for the PIL petitioner and Mr. D. Saikia, learned Senior Additional Advocate General, Assam assisted by Mr. B. Gogoi, learned Standing Counsel, Health Department for the respondents.
(3.) Mr. Mishra, learned Senior counsel, leading the arguments on behalf of the petitioners in the four writ petitions, had in the course of the hearing, highlighted the facts in WP(C) No. 1583/2014 as the lead case. Accordingly, WP(C) No. 1583/2014 is being taken up as the lead case.
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