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Bombay high court on Thursday ordered the Food and Drug Administration (FDA) as well as customs officials to ensure that imported cigarettes, which do not carry statutory health warnings are seized and confiscated. This ruling was given by a division bench of the Bombay High Court while hearing a public interest litigation filed by NGO Crusade Against Tobacco.
FDA's zonal commissioners were also asked by the division bench to file affidavits on the steps they had taken so far against these foreign-made cigarette packs which violated rules. The division bench comprises Chief Justice Swatanter Kumar and Justice Sharad Bobde.
The petitioners argued that 85 types of foreign-made cigarettes that enter the country either legally or smuggled, which do not have a statutory health warning as required under Indian law. Rules say every cigarette pack has to display a warning declaring: "Smoking is injurious to health.'' The imported cigarettes also do not have details of the date of manufacture or the MRP.
Government pleader Dharyasheel Nalawade submitted an affidavit of the public health department, informing the court that, an 11-member Maharashtra State Anti-Tobacco Cell had been formed in 2004 to oversee the implementation of tobacco rules. The government had also empowered food inspectors of the FDA confiscate such products. There were 1,296 cases registered in the last three years. Besides, police officers of the rank of sub-inspectors were empowered to initiate proceedings.
Customs officials, in an affidavit, said cigarettes were allowed to be imported subject to a no-objection certificate from the port health officer and compliance with statutory warning stickers. It also added that 29 cases of seizure had been effected by the department in the past five years, a figure that the court found difficult to believe. The court also came down on the authorities, passing the buck for the implementation of the rules.
