Ensure Compliance Of Law Prohibiting Manufacture, Sale Of E-Cigarettes; Conduct Periodic Checks: High Court Directs Delhi Govt

The Delhi High Court on Monday directed the Delhi Government to ensure compliance of Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019.

Ordering the authorities to conduct periodic checks in the localities, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also asked the Delhi Police to take steps to ensure that such e-cigarettes are not sold near and around schools and colleges in the national capital.

The court passed the order while refusing to entertain a public interest litigation seeking constitution of a court monitored committee to review the effective implementation of the statute.

Observing that the authorities are taking action by conducting raids to ensure that the e-cigarettes are not manufactured and sold, the court said

"….raids are being carried out and the Act itself provides for a complete mechanism, this court does not find a reason to interfere."

The plea moved by Vinayak Gupta and Anubhav Tyagi sought direction on the Delhi police to seize the entire contraband of the illegal stock of e-cigarettes and other related substances.

The plea also sought direction on the authorities to expediently "take control of the e-cigarettes industry" under the enactment, find out source of its illegal sale in the national capital and also ensure introduction of public awareness programmes against its use.

Title: SHIV VINAYAK GUPTA & ANR. v. UNION OF INDIA AND ORS

Citation: 2022 LiveLaw (Del) 1164