Daily Times

KARACHI: The provincial police chief on Thursday informed the Sindh High Court (SHC) that currently there was lack of a specified law against gutka related offences; that’s why the police are compelled to register cases under sections which are not specifically meant for this crime and the culprits could be sentenced for a maximum imprisonment of six months.

The inspector general of police, AD Khawaja, submitted his comments on the plea filed against the sale and manufacture of gutka, mainpuri and other hazardous items.

The petitioner had alleged that gutka was being manufactured and sold openly in the city, especially in parts of the District West, under the patronage of police and officials of the provincial and city administration.

In its reply, the provincial police chief submitted the report stating that currently gutka-related cases were being lodged under sections 269 (negligent act likely to spread infection of disease dangerous to life), 270 (malignant act likely to spread infection of disease dangerous to life) and 273 (sale of noxious food or drink) of Pakistan Penal Code with a maximum sentence of imprisonment of six months.

“These provisions are also not specifically meant for gutka-related offences but being adapted in the absence of specific laws. It is; therefore, proposed that a special law for the Prohibition of Gutka maybe promulgated with enhanced sentence and exorbitant fines,” AD Khowaja requested the SHC.

The IG proposed the court that a special law might be legislated under which the gutka related offences be made cognizable offence and non-bail-able. He added that in order to control the smuggling of hazardous items, the performance of personnel posted at check posts might be monitored.

The report said that the food and quality control department has primary responsibility for controlling this menace through effective surveillance and actions.

“The Home Department may be approached to create effective liaison between police and food department for sharing information and conduct coordinated operations. The food department may also monitor and regulate the sale of ingredients used for the preparation of gutka, crushed nut, paraffin wax and staked lime,” the report read.

The police chief submitted that all the concerned officers in general and SSP West in particular were directed to take strict action against the culprits involved in the manufacture, sale and smuggling of gutka. In this regard several raids were conducted and many persons were arrested along with huge recovery of gutka material. SSP West was directed to approach the petitioner for identification of areas where the manufacture of this menace was on the rise.

Later, a two-judge bench, headed by Justice Munib Akhtar, adjourned the hearing till November 01.

Published in Daily Times, September 29^th 2017.