HC says Centre, Delhi Government

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| Edited by: |Source: |Updated: December 13, 2022 06:00 AM IST

The Delhi High Court on Monday ordered the central and Delhi governments to ensure compliance with the law banning the manufacture, sale and distribution of e-cigarettes and ensure they are not sold online.

A Division Bench Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also instructed the Delhi Police to conduct regular checks near educational establishments to ensure these e-cigarettes are not being sold.

However, the Bench refused to invite the PIL to request the formation of a court-supervised committee to ensure the effective implementation of the Electronic Cigarette Prohibition (production, manufacture, import, export, transportation, sale, distribution, storage and advertising) Act. to check. 2019 and noted that the state machine had already taken action under the law, including conducting raids.

“As stated above, raids are being carried out and the law itself provides a full mechanism, this court sees no reason to intervene. This court does not find it convenient to delve into the specific facts and circumstances of the case within the jurisdiction of writing,” said the bench, which also included Judge Subramonium Prasad.

“However, the state is instructed to ensure compliance with the 2019 law by conducting more regular inspections…at all locations in and around Delhi,” it said.

Petitioners Vinayak Gupta and Anubhav Tyagi argued that there was a “vacuum” between the law and its implementation and that e-cigarettes were “available in abundance even within a 5 km radius” of the Supreme Court, but since the enactment of the According to the law, only two FIRs have been registered.

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The petitioners claimed that the Indian Council of Medical Research (ICMR) said that e-cigarettes are extremely harmful as they damage DNA.

Delhi government permanent advocate Santosh Kumar Tripathi said the government is taking action against the sale of e-cigarettes both on its own initiative and following complaints.

The petition called for an order for police to “promptly seize all contraband illicit inventory of e-cigarettes and other related substances” and for the center to remove all related content “promptly” from online websites.

The plea called for directions to “all respondents to take control of the e-cigarette industry in accordance with the law,” to find out the “source” of their illicit sale in the city, and to ensure the implementation of public awareness programs against their use .

(With PTI inputs)

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