E-Cigarettes: Rajasthan High Court Asks Centre & State About Steps Taken To Prevent Online Sale

The development comes in a public interest litigation seeking directions for effective implement of the provisions of Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019 and to stop sale, use, consumption, possession of e-cigarettes.

Notice in the PIL filed by Priyansha Gupta, a fourth-year law student, was issued last month. A division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta, observed,

"On the next date of hearing, learned counsel for the respective respondents will file affidavit clearly stating as to what steps have been taken to prevent and prohibit online sale of electronic cigarettes. The status of action taken by respective respondents shall also be placed for consideration by this Court on the next date of hearing."

The plea states that despite prohibition on e-cigarettes, the same are easily available on paan shops and even on the internet. It furnishes a non-exhaustive list of websites involved in the business, purportedly causing hazardous problems to the public at large.

The petitioner has sought framing of Rules/ Regulations for proper implementation of the 2019 Act along with appointment of a high-level committee to monitor and review the progress. A direction is also sought upon the Director General of Police to ensure that the offenders are duly identified and brought to justice.

The matter is next listed on 29 August.

The petitioner appeared in-person before the court.

The counsels for the respondents include AAG Rajesh Maharshi with Adv. Udit Sharma, Adv. Chandra Shekhar Sinha on behalf of ASG R.D. Rastogi and Adv. Kinshuk Jain.

Case Title: Priyansha Gupta v. Union of India & Ors.

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