Maharashtra pan shop owners protest at Azad Maidan over use of MCOCA and Section 328
Pan shops across Maharashtra remained shut on Tuesday as traders observed a statewide bandh to protest the use of stringent criminal laws against small retailers. More than 1,000 pan shop owners and workers gathered for a massive demonstration at Azad Maidan in Mumbai before submitting their formal demands to the state government.
The protest, organized by the Maharashtra Pan Vyapari Mahasang, is directed against the application of Section 328 of the Indian Penal Code (dealing with causing hurt by poison) and the Maharashtra Control of Organised Crime Act (MCOCA) for the sale of banned tobacco products.
Traders argue that while they are willing to face prosecution under the Food Safety and Standards Act, which carries prison terms ranging from six months to three years, they should not be booked under harsh laws meant for poisoning offenses or organized crime syndicates.
Maharashtra Pan Vyapari Mahasang President Ajit Suryavanshi stated that the legality of invoking Section 328 in such cases is currently pending before the Supreme Court. He also noted that the Bombay High Court has previously observed that the provision cannot be invoked in these circumstances.
Following the demonstration, a delegation of Mahasang representatives met with Deputy Chief Minister Eknath Shinde and Food and Drug Administration (FDA) Minister Narhari Zirwal at the Mantralaya. The delegation demanded that the use of Section 328 be kept in abeyance until the Supreme Court delivers its verdict, opposed the use of MCOCA against retailers, and requested the lifting of Maharashtra's ban on certain tobacco products. The ministers assured the delegation that the government would examine their concerns within the legal framework.
The statewide protest follows an intensified crackdown by the Maharashtra FDA. Last month, FDA Commissioner Tukaram Munde directed officials to coordinate with police to invoke MCOCA against organized networks involved in the manufacture, supply, and sale of banned tobacco products like gutka and scented tobacco.
Maharashtra has prohibited the manufacture, storage, distribution, and sale of gutka, tobacco-containing pan masala, scented tobacco, and kharra since 2012 under the Food Safety and Standards Act.
