The Rajasthan High Court while taking note of the menace of the sale of e-cigarettes on online platforms have asked the State Police to file an affidavit detailing the actions taken so far to curb the same.

The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Uma Shaker Vyas ordered, "The affidavit is required to be filed by the officer-in-charge in the police headquarter, who is dealing with issues relating to online sale of e-cigarettes and fully conversant with the steps which have been taken, action plan, if any, framed and also clearly state as to what action so far has been taken against online platform selling e-cigarettes."

The Petitioner appeared in person while the Respondent was represented by Additional Solicitor General R.D. Rastogi.

In the reply filed by the Union of India and its functionaries, it was stated that after the law has been enacted, the implementing agency is the State and there are documents on record to show that instructions have been issued to the State Governments including State of Rajasthan from time to time.

"The affidavit filed by the ACP, PCR, Commissionrate, Jaipur discloses nothing except paper exercise. Insofar as menace of operation of online platform for sale of e-cigarettes is concerned, all that has been stated is that the department is in the process of formulating a mechanism to deal with such transactions and the police officers have their limitations. It has been further stated that developing a mechanism to curb online transactions would require extensive know-how, technical infrastructure and experts etc. and the Government is taking effective steps to come out with the solution for prohibiting such online transactions," the Court observed.

The matter has been adjourned to the first week of February.

Cause Title: Priyansha Gupta vs. Union Of India and Ors.

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Rajasthan High CourtChief Justice Manindra Mohan Shrivastava

Sheetal Joon