Appeal Against Smoking Violations

Last updated on Jun 16, 2022

If you violate any of the rules under the law1 on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.2

Appeal

You can also appeal the decision given by the court3. Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.4

 

  1. The Cigarettes and Other Tobacco Products Act, 2003.[]
  2. Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003.[]
  3. Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003.[]
  4. Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.[]

How useful was this post?

Click on a star to rate it!

Average rating 1 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Smoking in a Public Place

It is illegal to smoke in public buildings but you may smoke in open spaces and designated smoking areas.

Smoking Rooms

Only certain public places can have a room for smoking tobacco products within their premises with the specifications prescribed by the law.

Responsibilities of Owners of Public Places

Under the law, it is the responsibility of the owners/managers of public places to ensure no one smokes in that public place.

Packaging and Warning Labels on Tobacco Products

Every package of cigarettes, or any other tobacco product must contain details about the products and a health warning.

Legal Age For Smoking

If you are selling cigarettes or other tobacco products, you must ensure that the person purchasing the product(s) is above 18 years of age.

Cigarettes and Tobacco Products

Indian law governs the production, sale, distribution, consumption of advertisement of cigarettes and tobacco products.