MCOCA to be invoked against gutka operators: Maha Minister

Mumbai, June 13 (IANS) In a decisive move to curb the illegal trade of banned tobacco products, the Food and Drug Administration (FDA) is initiating stringent action under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) against individuals involved in the production, storage, transportation, distribution and sale of gutka. This development aligns with earlier indications given by Chief Minister Devendra Fadnavis during the Winter Session of the Legislative Assembly in Nagpur.

Confirming the implementation, Minister for Food and Drug Administration Narhari Zirwal on Friday said Chief Minister Devendra Fadnavis had informed the Legislative Assembly during the Nagpur winter session that MCOCA could be applied to those in the gutka business.

Accordingly, the FDA is taking a highly significant step to initiate strict action against the organised networks that manufacture, store, transport, distribute, and sell gutka.

FDA Commissioner Tukaram Mundhe today issued explicit orders to all regional officers to invoke MCOCA in eligible cases involving organised networks that manufacture, store, transport, distribute or sell gutka, tobacco, nicotine-infused pan masala and similar banned tobacco-mixed food products. Joint investigations by the FDA, police and related agencies have revealed that these operations extend far beyond retail shops.

Eligible cases demonstrate the coordinated involvement of a massive supply chain, including manufacturers, suppliers, financiers, warehousing operators, transporters, wholesalers and sub-dealers.

The official order notes that these syndicates frequently employ sophisticated illegal tactics, such as the use of forged documents, fake invoices, dummy companies, benami transactions, hidden warehouses, interstate supply chains, and diversionary transport routes.

Consequently, these offences will no longer be treated merely as food safety violations but will face the full force of anti-organised crime laws.

“The illegal trade violates the Food Safety and Standards Act, 2006, under which the manufacturing, storage, distribution or sale of unsafe food is a major criminal offence. The legal framework being deployed includes Section 59, which provides for imprisonment for manufacturing or selling unsafe food; Section 64, which prescribes enhanced punishments and penalties for repeat offences; Sections 38 and 41, which empower Food Safety Officers with the authority to conduct inspections, searches and seizures; and Section 42, which details the procedure for launching formal prosecution against offenders,” the official order stated.

Despite a statewide ban on gutka, the banned substances continue to be found in several areas, particularly around school and college campuses. Recognising this gravity, the government had previously resolved to introduce MCOCA to ensure airtight implementation of the prohibition laws.

“To protect public health in Maharashtra and to permanently dismantle the organised illegal trade of banned food items, the law will be enforced with absolute stringency,” Minister Zirwal emphasised.

–IANS

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