Plastic bag prohibition extends to non-woven polypropylene bags because their essential character remains plastic.

Non-woven polypropylene bags predominantly made of polypropylene were held to fall within "plastic bags" for purposes of the impugned notification. The Court treated the essential character of the product as controlling, noting that a material's form as fibre or film does not alter its plastic nature when it remains predominantly polypropylene. Separate excise tariff classification as textile fabric did not govern the notification's meaning, and the later clarification was not decisive because the original notification already covered all kinds of plastic bags. The bags were therefore prohibited in the notified areas, and the challenge failed.

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Issues: Whether non-woven polypropylene bags, comprising predominantly polypropylene, fall within the expression "plastic bags" in the impugned notification and are therefore prohibited in Delhi.

Analysis: The notification issued under Section 5 of the Environment (Protection) Act, 1986 prohibited the use, sale and storage of all kinds of plastic bags in specified places, including main markets and local shopping centres, and barred only biodegradable plastic bags in other places. The bags in question were found to contain 98.3% polypropylene. Polypropylene is a plastic material, and the Court held that the form of the material, whether fibre or film, does not change the essential character of the end product when it predominantly consists of polypropylene. The separate classification of the product as textile fabric under excise tariff heading was held not to control the meaning of the notification. The Court also held that the clarification was not decisive, because the original notification itself covered all kinds of plastic bags.

Conclusion: Non-woven polypropylene bags are plastic bags within the scope of the notification and are prohibited in the notified areas. The challenge failed.

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