4 min readVadodaraFeb 26, 2026 03:50 AM IST
Over two months after a prohibitory notification of the Gujarat Home Department led to a crackdown and registration of FIRs against traders for storage, distribution and sale of rolling paper and pre-rolled cones, the Gujarat High Court has stayed the proceedings in the cases, by way of interim relief.
The court also issued a notice to the state to respond in the matter challenging the validity of the notification of the state government dated December 16, 2025.
Justice M R Mengdey of the Gujarat High Court was hearing a special criminal application filed by Pune-based Ality Paper Industries Private Limited, which markets the rolling paper products under the brand name ‘Stash Pro’ as well as two other petitioners engaged in trading of the rolling paper in Gujarat, whose premises were raided by the police in Ahmedabad and Vadodara, respectively, and goods worth Rs 72 lakhs seized.
The oral order of the High Court, delivered on Monday, notes the submission of the petitioners that the notification dated December 16, 2025, issued by the Secretary of the Home Department, was “without any authority” and that as per the provisions of the Section 163 of the Bharatiya Nagrik Suraksha Sanhita, the power to issue such notifications lies with the Executive Magistrate.
The court, in its oral order, noted that the Public Prosecutor appearing for the state, “without entering into the merits”, made a statement that “as an interim arrangement, the further proceedings of the FIRs registered on the basis of the impugned notification, be stayed”.
The oral order of the court also directed the police to return the seized products to the petitioners. The order states, “…by way of interim relief, the further proceedings of the FIRs registered on the basis of the impugned notification, are stayed. The muddamal, if any, seized by the police authorities, is ordered to be returned to the petitioners upon execution of personal bond worth Rs.20,000/- subject, however, to the outcome of the present petition.”
In the submissions before the court, the advocates appearing for the petitioners stated that the notification infringed upon the fundamental rights of the petitioners to carry trade, guaranteed under the Constitution of India. The petitioners also submitted that the notification was issued “without corroboration of facts or verification of information”.
The matter is listed for further hearing on June 23.
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The notification of the Home Department states that the prohibitory order has been issued under Sections 163(2) (provides for issuing orders immediately without issuing notice) and 163(3) (orders that can target a specific person or location) of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. The ban had come into effect at all outlets and retail e-commerce stores selling rolling paper and ‘gogo’ cones with immediate effect.
The notification said, “(The rolling paper) has poisonous elements like titanium oxide, potassium nitrite, artificial dye, calcium carbonate as chlorine bleach, which are hazardous for human health… Such rolling paper, smoking cones are easily available at paan parlours, general kirana stores as well as tea stalls. As a result, there has been a significant increase of drug abuse among the youth. The interest of the people of Gujarat necessitates prohibition of sale of such (rolling paper) at local stores…”
The notification also specified that those violating the prohibitory order will be booked under Section 223 of the Bharatiya Nyaya Sanhita (BNS), which provides penalties for disobedience to order duly promulgated by public servant.
