Mumbai: Maharashtra Food and Drugs Administration Minister Anil Deshmukh today (August 2, 2004) said the State Government would file a petition in the Supreme Court challenging its judgement of lifting the ban on sale of gutka and pan masala by the State.

"We will consult legal expert and file a petition challenging the Supreme Court judgement," Deshmukh told reporters.

The Supreme Court today lifted the ban on sale of gutka and pan masala in Maharashtra and Andhra Pradesh saying the State Governments do not have power to prohibit manufacture and sale of these items.

The apex Court said the power to ban manufacturing and sale of these items solely rested with the Centre and the State only has a "transitory" power to ban the products for a short period.

Deshmukh said the Supreme Court judgement was entirely taken on technical basis and they would urge the Centre to include the ban of gutka and pan masala in the new Central Act related to tobacco so that the ban is made mandatory throughout the country.

The Minister said the Maharashtra Government, one of the few States that had banned the product, has declared a temporary ban on sale and manufacture of gutka and pan masala for five years.