E-Cigarette (File |Reuters) 
India

E-cigarette ban: MHA asks states, UTs to enable searches sans warrant

The ordinance empowers police officers of the rank of sub inspector and above to enter, search and seize the prohibited items without a warrant.

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NEW DELHI: Two months after the Centre banned e-cigarettes, the Union Home Ministry on Wednesday issued an order to all states and UTs, enabling law enforcement officials to conduct searches on premises for the product without a warrant.

“Prohibition of Electronic Cigarettes (Production, Import, Export, Sale, Distribution, Storage & Advertisement) Ordinance, 2019, was promulgated on November 18 for banning production, sale, purchase, etc of electronic cigarettes in interest of public health,” a notification issued by the home ministry read.

The ordinance empowers police officers of the rank of sub-inspector and above to enter, search and seize the prohibited items without a warrant.

The MHA said, “It is requested that enforcement of provisions of Ordinance may kindly be ensured, considering potential deleterious impact of e-cigarettes on public health. Congruent capacity building and sensitisation of enforcement personnel may be done for implementation of the Ordinance.”

The Union Cabinet on September 18 approved the “Prohibition of E-cigarettes Ordinance, 2019”, which seeks to ban the consumption, production, manufacturing, import, export, transport, sale, distribution, storage and advertisement of e-cigarettes.

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.

An e-cigarette is an electronic device that heats a substance, with or without nicotine and flavours, creating an aerosol for inhalation.

It includes all forms of electronic nicotine delivery systems, heat-not-burn products, e-Hookah, and like devices by whatever name, shape, size and form.

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