Introduction:

In the case of Priyansha Gupta v. Union of India & Others, the Rajasthan High Court addressed the persistent issue of online e-cigarette sales, expressing dissatisfaction with the state’s enforcement efforts. The court emphasised the need for a robust preventive mechanism to curb the illegal sale of e-cigarettes, which pose significant health risks, especially to the youth.

Arguments:

Petitioner’s Perspective:

The petitioner highlighted the ongoing availability of e-cigarettes online, despite the Prohibition of Electronic Cigarettes Act, 2019, which bans their production, manufacture, import, export, transport, sale, distribution, storage, and advertisement. The petitioner argued that the state’s lack of effective enforcement mechanisms has allowed the continued sale and distribution of these products, undermining public health objectives.

Respondents’ Perspective:

The state authorities, in their response, acknowledged the challenges in curbing online sales of e-cigarettes. They cited limitations in technical infrastructure and expertise required to monitor and prevent such sales effectively. The authorities mentioned that they are in the process of formulating a mechanism to address these issues, but have not yet implemented a concrete action plan.

Court’s Judgment:

The division bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice Mukesh Rajpurohit, expressed strong dissatisfaction with the state’s response. The court noted that the affidavit submitted by the police was not in compliance with its earlier directives, as it was filed by an officer from the Commissionerate, Jaipur, rather than the designated officer-in-charge at the Police Headquarters (PHQ).

The court emphasised that the reply failed to provide substantive information on the steps taken to prevent the online sale of e-cigarettes. It highlighted that at least six websites were identified as selling e-cigarettes with promises of 24-hour delivery, indicating the presence of local warehouses. Moreover, while eight sites were blocked, four were later unblocked, raising concerns about the effectiveness of the enforcement measures.

The court directed the Director General of Police to submit a detailed affidavit within two weeks, outlining the preventive mechanisms developed and their implementation status. It also ordered the officer-in-charge at the PHQ, responsible for addressing online e-cigarette sales, to be present in court on the next hearing date, either in person or via video conferencing, to provide updates on the actions taken.

Conclusion:

The Rajasthan High Court’s firm stance underscores the critical need for effective enforcement of the ban on e-cigarettes. The court’s directives aim to ensure that state authorities develop and implement robust mechanisms to prevent the illegal online sale of these harmful products. The matter is scheduled for the next hearing on July 7, where the court expects comprehensive updates on the progress made.