Rajasthan HC Expresses Dissatisfaction With Police Reply On Curbing Online Sale Of E-Cigarettes, Orders DGP To Inform On Preventive Steps

While hearing a plea on the "menace" of online sale of e-cigarettes, the Rajasthan High Court expressed its dissatisfaction with the reply filed by the police and further directed the state's Director General of Police to inform through a detailed affidavit on the development and implementation of a preventive mechanism to curb such sale. The court also directed the officer-in-charge of PHQ to remain present in court on the next date of hearing to inform with regard to necessary steps taken. For context, the high court had directed that an affidavit will be filed by the "officer-in-charge in police headquarter" dealing with issues relating to online sale of e-cigarettes and who is fully conversant with the steps which have been taken, action plan, if any, framed and the affidavit must also clearly state as to what action so far against online platforms selling e-cigarettes. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Mukesh Rajpurohit in its May 6 order observed:"We are completely unsatisfied with the manner in which the Police Department of the State has responded in the matter. We had directed an affidavit to be filed by the officer-in-charge in the Police Headquarters, however, affidavit has been filed by a police officer of the Commissionerate, Jaipur. Therefore, affidavit is not as per the direction of this Court...We take strong objection and exception that even though this Court had directed officer-in-charge of PHQ to file suitable affidavit, the same was not paid heed to. This mistake in future shall entail serious consequences including personal appearance of the Director General of Police". The Court highlighted that as per the reply submitted, there were at least 6 sites of online sale and consumption of e-cigarettes found by the police during raids wherein the sites claimed delivery within 24 hours, indicating that their warehouses were operating locally. It was further stated that the reply also revealed blocking of about 8 sites, and another 4 sites which were blocked but were later unblocked. It was of the view that a proper preventive mechanism is required to be not only framed but effectively operated as prevention mechanism, if not already framed, to see that illegal operators are not allowed to engage in online sale of e-cigarettes "affecting the health of the youth".Emphasizing that online sale of e-cigarettes needs to be curbed in an effective and strict manner, the court further directed, "Let the Director General of Police now submit a detailed affidavit as to what preventive mechanism has been developed and how it is being implemented to prevent online sale of e cigarettes in the State of Rajasthan. The affidavit should now be filed within an outer limit of two weeks from today. We repeat our direction that the officer-in-charge in the PHQ, who is dealing with the issue of online sale of e-cigarettes, shall remain present or if not possible for unavoidable reasons, through video conferencing to apprise the Court with regard to necessary steps taken". The matter is listed on July 7. Title: Priyansha Gupta v Union of India & OthersClick Here To Read/Download Order

Rajasthan HC Expresses Dissatisfaction With Police Reply On Curbing Online Sale Of E-Cigarettes, Orders DGP To Inform On Preventive Steps

Nupur Agrawal

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