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Abu kap   23 January 2021

selling hookah flavour tobacco and water pipe hookah legal or not

23/01/2021 selling a tobacco flavour tobacco and water pipe hookah is legal as per cotpa act 2003 mention a legal selling flavour tobacco in india.it is legal to smoke at your private place we do have a shop and police raid and says its is illegal however there is no ban on such thing can some one explain and please guide with a besy suggestion
thanku


Learning

 7 Replies

G.L.N. Prasad (Retired employee.)     23 January 2021

Once they file the charge sheet, they will be stating the concerned Offense and your counsel may take his defense on the basis of exact charge.

1 Like

Kishor Mehta (CEO)     23 January 2021

𝙄𝙩 𝙞𝙨  𝙘𝙤𝙣𝙩𝙧𝙖𝙗𝙖𝙣𝙙 𝙖𝙣𝙙 𝙞𝙡𝙡𝙚𝙜𝙖𝙡. 

P. Venu (Advocate)     23 January 2021

Dealing in tobacco and tobacco based products is not a benign item of trade and commerce. The provisions of the CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 places severe restrictions on such a trade in public interest. This aspect is quite obvious from the statements objects reasons for the enactment.

"An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto.

WHEREAS, the Resolution passed by the 39th World Health Assembly (WHO), in its Fourteenth Plenary meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done so to implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco;

AND WHEREAS, the 43rd World Health Assembly in its Fourteenth Plenary meeting held on the 17th May, 1990, reiterated the concerns expressed in the Resolution passed in the 39th World Health Assembly and urged Member States to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their citizens with special attention to risk groups such as pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect advertising, promotion and sponsorship concerning tobacco;

AND WHEREAS, it is considered expedient to enact a comprehensive law on tobacco in the public interest and to protect the public health; AND WHEREAS, it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to achieving improvement of public health in general as enjoined by article 47 of the Constitution;

AND WHEREAS, it is expedient to prohibit the advertisement of, and to provide for regulation of trade and commerce, production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto:

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows"

the provisions of of the Act provides wide powers to the law enforcement agencies for entry and search, powers to seize, confiscate and prosecute.

 

As such all that could be suggested is to face the issues on merits if the matter reaches the Court.

1 Like

Abu kap   23 January 2021

kishor mehta sir we work with act cotpa 2003 guideline and follow the rules how its contraband and illegal

Hari (H)     30 December 2022

can I sell hooka's flavour in fast food shop?
not for served hookah.only for sell flaver in shop
my shop's fast food

Vijay Kuthe   02 February 2024

My shop is Smoke Shop in nagar can I sell hooka flavour not serve 

Kishor Mehta (CEO)     02 February 2024

A license from the Narcotics department of the area/State is mandatory. 


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