Gujarat High Court Stays FIRs Against Rolling Paper Traders Booked Following State Ban

The Gujarat High Court in an interim order stayed investigation in FIRs registered against traders dealing in rolling paper brands like 'Stash Pro' and 'GoGo Papers', booked pursuant to the State Government's 2025 notification banning sale, distribution and movement of rolling paper, perfect roll and smoking cones. The petitioners had challenged a Notification dated 16.12.2025 issued by the Principal Secretary, Home Department under Section 163 (Power to issue order in urgent cases of nuisance or apprehended danger) of BNSS which prohibits the sale, distribution and movement of rolling paper. The Counsel appearing for the petitioners submitted that Section 163 BNSS empowers Executive Magistrate to issue such notifications whereas the notification was issued by the Secretary in the Home Department without any authority.Meanwhile the Counsel appearing for the State, without entering into the merits of the case, submitted that as an "interim arrangement, the further proceedings of the FIRs registered on the basis of the impugned notification be stayed". After hearing the parties Justice M.R. Mengdey in his order said:“Having regard to the aforesaid statement being made, issue rule returnable on 23.06.2026 and 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 outcome of the present petition.”BackgroundThe Petitioner No. 1 – Ality Paper Industries Pvt. Ltd., having a facility in Pune, Maharashtra, is stated to be engaged in importing, manufacturing and processing paper products which is marketed under the brand name “Stash Pro”. Petitioner No. 2 carries business under the name of “Stash Pro Gujarat” and deals in stocking and selling rolling papers, perfect rolls and smoking cones and petitioner No. 3 is engaged in similar business activities in Vadodara. Pursuant to the notification dated 16.12.2025, a search was carried out in the premises of petitioner No. 2 and FIRs were registered at Airport Police Station, Ahmedabad and Navrangpura Police Station, Vadodara and goods worth Rs. 72 Lakhs were seized consisting of rolling papers, smoking cones and perfect rolls.The plea submits that the respondent authority had no statutory power to issue the Notification, rendering it “ex facie without jurisdiction and ultra vires”. It was contended that the Notification infringes the petitioners' fundamental rights under Article 19(1)(g) – freedom to carry trade. It claims that notification targets smoking accessories such as rolling papers and smoking cones which are alleged to be used to consume charas and ganja while not regulating other similar or more harmful smoking accessories such as pipes, chillums, bongs, or even tobacco products and cigarettes sold in similar outlets in open market. The petitioners have contended that the notification is issued relying on vague and absurd information on "social media and unnamed groups without identifying sources, reliability checks or corroboration". The matter is listed on June 23. Case Title: Ality Paper Industries Private Limited Through Sanil Prakash Mehta & Ors.Case Number: Special Criminal Application (Direction) No. 286 of 2026Counsel for the Petitioners: Advocate Mr. Malav MulaniCounsel for the State: PP Mr. Hardik Dave with APP Mr. Kanva AntaniClick Here To Read/Download Order

Gujarat High Court Stays FIRs Against Rolling Paper Traders Booked Following State Ban

Lovina B Thakkar

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