Pradeep (Engineer) 30 April 2015

Smoking in public place

Hello legal Experts,

I am pradeep residing in bangalore. I bought a house in bangalore 6 months back. Next to my house there is vacant plot in which small shetter is situated to run petty shop. The plot owner has been rented out 8k per month to run petty shop. Shop owner sells all tobacco products like Cigarettes, beedi & gutkha etc. This shop opens at 6.00Am to 10.00 PM.This shop is just 100 km to college hence 100 of students come here and smoke and also lot of local taporis will always be there who make lot of noise. Due to which cigarette smoke is fully covered in my home which makes difficult to live in peace.

Family member cant sleep afternoon since lot of people come in bike, make noise and also we can only sleep after 11 PM opening all window and spraying room freshner to avoid cigarette smell and forced to wake up when shop opnes i.e @ 6.00Am.

Due to all this my family member health deteriorated especially my mother and pregnant sister in law.

I have informed local police without formal complaint but they are least bothered since this shop owner pay them also.

I would require your legal expertise to deal this issue.

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3 Replies

Hardeep (Business) 30 April 2015

Look into provisions of :

Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act,2003

which you can find on this site itself.

Section 6 says :

6. Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area.-No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product- (a) to any person who is under eighteen years of age, and (b) in an area within a radius of one hundred yards of any educational institution

But punishment seems to be just a paltry fine of Rs. 200 !! ( See S. 24 )

But you can lodge a complaint with the Police formally - try to rope in the College as well to make your case stronger.

Further, check your local land laws - can a shop be run in a residential area to begin with ? Generally that is not allowed. If not , you can add that too in your Complaint as well as complain to the local RWA, if any as well as the Municipality under relevant provisions.

Probably the shop is advertising such sales- another offense. Also, it may be leaving a lot of littering - could be another offense.Get relevant provisions to develop your case further after collecting photographic evidence if you can.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 April 2015

Submit your grievance to the police department through its website. www.bcp.gov.in and bowse the option conact us. option. fill the form and send it.

Pradeep (Engineer) 19 May 2015

Hello Experts,

Thanks for your reply.

I am going to officially loadge a complaint and also have taken signature of neighbours.

I wanted to take a snap of people smoking in front of shop but when I appraoched mob surrounded and they did not allow me to take snap & deleted snap, video which I took it from distance.

Could you please let me know whether taking a photo is illegal without permission?