The Delhi High Court has directed the Delhi Government to ensure strict compliance of the Prohibition of Electronic Cigarettes (Prohibition, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.

The Court has also directed the Delhi Police to conduct periodical checks in and around all schools and colleges to ensure that such type of E-Cigarettes are not sold.

The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad were dealing with a plea filed by two advocates who had sought directions to seize the entire contraband of the illegal stock of e-cigarettes and other related substances in Delhi.

The petitioners had also sought directions to initiate investigation under the matter in order to find out the root cause of the source and as to how e-cigarettes and other related substances are being illegally sold in Delhi.

The Counsel appearing for Government of Delhi stated that the Police has registered FIRs and the State Machinery is ensuring strict compliance of the statutory provisions of the Act, 2019.

He has also stated that periodical raids are being carried out from time to time, and that merely on apprehension of the Petitioner that the statutory provisions are not being followed, the question of indulgence by the Court does not arise.

Standing Counsel Santosh Kumar Tripathi appeared for the Delhi Government.

In view of the statement made that FIRs have been registered, raids have been carried out, the Court held that it does not find it expedient to entertain the writ petition.

However, the Court directed the State to ensure strict compliance of the Act, 2019.

The Court also directed the Delhi Police to take all possible steps to ensure that sale of online cigarettes does not take place as alleged by the Petitioner.

Cause Title- Shiv Vinayak Gupta & Anr. v. Union of India

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