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