A division bench during hearing of preliminary submissions asked the petitioner to bring more material by July 26 to prove his point before notices could be issued to authorities concerned.

The bench observed that if, according to the petition, tobacco products are considered drugs, sale of these has to be regulated as `scheduled drugs' under the laws.

Petitioner Parmanand Katara argued that tobacco products like cigarettes, bidis, cigars, pan-masala, gutka and zarda would fall under the scope of Narcotics Drugs and Psychotropic Substances Act, Drugs and Cosmetics Act and Drugs and Magic Remedies (objectionable advertisement) Act. `The data collected through reports indicates that tobacco products practically kill more people than in war,' the petition said, adding that the government shouldnot make these a source of revenue at the cost of human lives.

The petition said according to clause (iii) of Drugs and Magic Remedies (objectionable advertisement) Act, any article, other than food, intended to affect or influence in any way the structure or any organic function of human body is a `drug'. `Since tobacco causes functional disorder of the heart, it amounts to affecting the organic functions of human body in the sense of a drug, it said.

Various reports had indicated that hazards of tobacco products were `widespread' and main cause of oral cancer, the petitioner said. Seeking to declare tobacco as `scheduled drug', the petitioner said sale of its products should not be allowed in wholesale and open markets without prescription.

The petitioner also sought the court's direction to the government to issue appropriate guidelines in this regard to the authorities concerned in larger public interest.