Pan Masala containing magnesium carbonate; HC issues notice to Dispur

GUWAHATI: A division bench of the Gauhati High Court, comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund, issued a notice to the Chief Secretary to the Assam Government, Director of Health Services, Joint Director of Health Services, and the Commissioner of Food Safety, Assam, on a PIL (59/2023) alleging that manufacturing, storage, distribution, transportation, display, and sale of Pan-Masala containing magnesium carbonate (MgCO3) are going on in Assam, despite the petitioner, Jitul Deka, who submitted representations seeking a ban on such Pan-Masala containing MgCo3.

Advocate A. Goyal, appearing for the petitioner, submitted before the Court that, as per scientific research, consumption of Pan Masala containing MgCO3 leads to acute hypermagnesia, cardiac arrest, and cancer.

Advocate Goyal further submitted before the Court that the manufacture, storage, distribution, transportation, display, and sale of pan masala containing "MgCO3" are in clear violation of Section 26 of the Food Safety and Standards Act, 2006, and Regulation 3.1.7 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011.

After hearing, the division bench issued a notice to the official respondents and asked the Advocate General of the State Government, D. Saikia, who puts in appearance on behalf of the respondents, that a copy of the writ petition be provided to Saikia. The court granted Saikia a short opportunity to complete his instructions.

The earlier PIL (19/2020) was closed with a direction to the authorities to do the needful for resolution of the issues relating to the presence of magnesium carbonate in the Pan Masala as alleged by the petitioner. However, the authorities concerned did precious little to comply with this order, and that led the petitioner to file the second PIL.

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