Last updated: December 7th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The following government bodies have the power of entry, search and seizure: Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs. It is unclear which entities will levy fines and impose imprisonment.

(1) Penalties include: (a) in the case of a first conviction, imprisonment for a term up to two years or a fine up to 5,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to five years and a fine up to 10,000 rupees.

(2) Additionally, the government may seize tobacco products which contravene the provisions of COTPA.

(3) The 5,000 rupee penalty for a first conviction is only approximately $108 dollars (as of September 14, 2010).

The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived from violating the law.

Importer

Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The following government bodies have the power of entry, search and seizure: Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs. It is unclear which entities will levy fines and impose imprisonment.

COTPA does not explicitly provide penalties for “importers” who violate the law. Assuming that “importers” are treated in the same manner as “manufacturers,” the following penalties will apply:
(1) Penalties include: (a) in the case of a first conviction, imprisonment for a term up to two years or a fine up to 5,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to five years and a fine up to 10,000 rupee.

(2) Additionally, the government may seize tobacco products which contravene the provisions of COTPA.

(3) The 5,000 rupee penalty for a first conviction is only approximately $108 dollars (as of September 14, 2010).

The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived from violating the law.

Wholesaler

Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The following government bodies have the power of entry, search and seizure: Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs. It is unclear which entities will levy fines and impose imprisonment.

(1) Penalties include: (a) in the case of a first conviction, imprisonment for a term up to one year or a fine up to 1,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to two years and a fine up to 3,000 rupees; (c) seizure of tobacco products; and/or (d) confiscation and disposal of tobacco products.

(2) Additionally, the government may seize tobacco products which contravene the provisions of COTPA.

(3) The 1,000 rupee penalty for a first conviction is only approximately $21 dollars (as of September 14, 2010).

The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived from violating the law.

Retailer

Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The following government bodies have the power of entry, search and seizure: Police, State Food and Drug Agency, Department of Revenue, Health Transport of the State; Labor Department, Commissioner of Industries / Small Scale Industries, Department of Food and Drugs; Department of Home Affairs. It is unclear which entities will levy fines and impose imprisonment.

(1) Penalties include: (a) in the case of a first conviction, imprisonment for a term up to one year or a fine up to 1,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to two years and a fine up to 3,000 rupees; (c) seizure of tobacco products; and/or (d) confiscation and disposal of tobacco products.

(2) Additionally, the government may seize tobacco products which contravene the provisions of COTPA.

(3) The 1,000 rupee penalty for a first conviction is only approximately $21 dollars (as of September 14, 2010).

The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived from violating the law.