Naya Bans Sarv Vyapar Assoc. v. India

In this judgment of the Delhi High Court, an association of tobacco wholesalers challenged certain provisions of the Cigarettes and Other Tobacco Products Act 2003 (COTPA) which banned the selling of tobacco products within a 100 yard radius of any educational institution.  The wholesalers sought an exclusion of their wholesale trade from the law, arguing that the intent of the law was to reduce retail sale and their business would not be a danger to young people buying tobacco.  While highlighting the public health need for COTPA, the court dismissed the petition, holding that the sale of tobacco products, whether in wholesale or in retail, near the educational institution has the potential of attracting the students so both type of tobacco sellers should be equally restricted.  In addition to dismissing the petition, the court also imposed costs of 20,000 rupees each on the petitioners to be paid to the central and state governments for anti-tobacco initiatives.

DOWNLOAD DOCUMENT

Naya Bans Sarv Vyapar Assoc. v Union of India & Ors. (W.P. No.7292/2011)

  • India
  • Nov 9, 2012
  • The High Court of Delhi at New Delhi

Parties

Plaintiff Naya Bans Sarv Vyapar Association

Defendant Union of India

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None