Rampant Use Of 'Cool Lip' Tobacco Products By School Kids: Madras High Court Suo Motu Impleads Ministry Of Health And Family Welfare

Justice Bharatha Chakravarthy was hearing a bail petition filed by a man who was found in possession of 27 packets of cool lip tobacco products. He was thus charged for offences punishable under Section 123 of the BNS and Section 24 (1) of the Cigarette and other Tobacco Products Act 2003.

The court noted that of law, it was witnessing the seizure of a large quantity of cool lip products. The court also noted that in some videos, schoolchildren were seen using tobacco products which then led to them sitting in a dazed condition. The court noted that using these products would eventually lead to schoolchildren going further for Ganja and other narcotic substances.

“The teachers are finding it extremely difficult. The parents are unable to find out. Tobacco itself is unsafe. As a matter of fact, orders have been passed by the authorities of Tamil Nadu that it is an unsafe food. It will lead to cancer. More importantly, this pushes the school children towards the habit of going further for ganja and other narcotic substances once they become immune to the nicotine induced addiction,” the court observed.

The court also noted that though the State government had banned the product inside the state, huge quantities were still being smuggled into the state and was being sold. Thus, the court observed that the matter had to be inquired into in detail only after which the question of bail in cases of interstate sellers could be determined.

“In that view of the matter, even though the Government of Tamil Nadu has taken due care to ban the product inside the state of Tamil Nadu, it is produced, manufactured and sold in the other states. On account of which, in spite of the best efforts of the Tamil Nadu Police and also the officials under the Food Safety and Standards Act, 2006 huge quantity is being smuggled into the state of Tamil Nadu and is being sold. It is impossible to totally curtail the pilferage. In that view of the matter, this Court is of the opinion that this matter has to be enquired in detail,” the court said.

However, considering the matter has been posted to a longer date for hearing and considering that the petitioner has been in custody since August 25, 2024, the court was inclined to grant interim bail until further orders.

Case Title: Aunestraja v The State of Tamil Nadu and Others

Case No: CRL OP(MD) No.14942 of 2024