The next time you are holding an e-cigarette in your hand or even hiding one in your bag to smoke it in a corner, be careful as the police can search and seize the item without a warrant. The Union ministry of home affairs has issued an order saying that the local sub-inspector and other senior officers have the power to enter, search and seize the prohibited item without a warrant.
The ministry of home affairs had written to all chief secretaries and police chiefs of states and Union territories on Tuesday, asking them to take all steps for the ''due enforcement'' of the provisions of the ordinance banning the production, sale and purchase of electronic cigarettes and other restrictions on the item in the interest of public health.
The Electronic Cigarettes (Production, Import, Export, Sale, Distribution, Storage and Advertisement) Ordinance, 2019, was promulgated on September 18. The home ministry's advisory to the law enforcement agencies of all states and Union territories has been issued by the internal security division that communicates with states on possible threat perceptions largely emanating from terror outfits or potential law and order threats.
However, the government's move to lay stress on the enforcement of the e-cigarette ban reflects the seriousness behind the decision to completely stop the production, sale and purchase of e-cigarettes in the country.
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The home ministry says the directive has been issued considering the potentially deleterious impact of e-cigarettes on public health, especially with respect to the young population going to schools and colleges. The home ministry has said that there is a need to focus on capacity building and sensitisation of the enforcement personnel for effective implementation of the order on e-cigarettes.
The ordinance banning e-cigarettes has defined an e-cigarette as an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation. It includes all forms of electronic nicotine delivery systems, heat-not-burn products, e-Hookah, and the like devices by whatever name and whatever shape, size and form. However, this does not include any product licensed under the Drugs and Cosmetics Act, 1940.