The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 which was recently promulgated by the President Ram Nath Kovind mandates stringent punishment for offenders.
The Ordinance gives powers to authorized officer to enter, search and seize without warrant.
“(1) An authorised officer, if he has reason to believe that any provision of this Ordinance has been, or is being contravened, may enter and search any place where—
(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are produced, supplied, distributed, stored or transported; or
(b) any advertisement of the electronic cigarettes has been or is being made.
(2) After completion of the search referred to in sub-section (1), the authorised officer shall seize any record or property found as a result of the search in the said place, which are intended to be used, or reasonably suspected to have been used, in connection with any matter referred to in sub-section (1 ) and if he thinks proper, take into custody and produce, along with the record or property so seized, before the Court of Judicial Magistrate of the first class, any such person whom he has reason to believe to have committed any offence punishable under this Ordinance,” the Ordinance read.
For the first offence by an individual, it would be a one-year imprisonment or a fine of Rs 1 lakh. Repeat offences will attract a three-year imprisonment or a penalty of Rs 5 lakh or both, according to the Ordinance.
The Ordinance also said “all offences such as import, export and distribution, except storing e-cigarettes and vaping products are cognizable”.
Read the Ordinance below:
—India Legal Bureau