Blinkit Delivering Cigarettes To Minors? Punjab & Haryana High Court Directs State To 'Take Corrective Steps' If Allegations Found True

The Punjab & Haryana High Court has directed the State authorities to take corrective steps if the allegations that Blinkit is delivering cigarettes to minors within minutes are correct.

The development came while hearing a Public Interest Litigation (PIL) filed seeking prohibition on access of tobacco items to minors from online platforms.

While issuing notice to Union and State Government authorities Acting Chief Justice G.S Sandhawalia and Justice Lapita Banerji said, "In the meantime, if the above factual aspect is correct, the respondents-authorities shall take appropriate steps to ensure that such articles are not readily available in the manner which has been prescribed and take steps to implement all statutory provisions."

Tejaswin Raj, a 15-year-old class X student who appeared in person, has moved High Court, drawing attention to the rising prevalence of smoking and vaping (using electronic cigarettes) among school students, citing the easy accessibility of tobacco products through online platforms and social media.

"Despite different legislations in the shape of 'The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003' and 'The Prohibition of Electronic Cigarettes Act. 2019', it is publicly evident that many young adults, youths and even teenagers in the Tricity...are openly consuming tobacco products especially electronic cigarettes due to is easy availability by the name of vape openly in different public..." added the plea.

Raj stated in the plea that in order to demonstrate to the Court, he ordered a pack of cigarettes from Blinkit by simply checking the box confirming he is above 18 years old.

It was surprising "to see that the same was delivered within 9 minutes and even the delivery partner did not inquire about his age or objected to the said purchase," the petitioner stated.

In light of the above, the plea also seeks to formulate a monitoring committee to be supervised by a panel of three retired High Court judges, to completely prohibit the illicit trade and unauthorised selling of tobacco items online.

The matter is listed for July 24, for further consideration.

Mr. Dheeraj Jain, Sr. Panel Counsel for UOI.

Mr. Sanjiv Ghai, Advocate, Mr. Navjit Singh, Advocate and Mr. Parminder S. Kaul, Advocate for respondent Nos.8 & 9.

Mr. Navjit Singh, Advocate for respondent No.11.

Mr. Saurav Khurana, Addl.AG, Punjab assisted by Ms. Darika Sikka, Advocate for respondent Nos.12 to 16. Mr. Deepak Balyan, Addl. AG, Haryana for respondent Nos.17 to 21.

Title: Tejaswin Raj through his guardian/authorized representative Anshu V. UOI & Ors.

Click here to read/download the order