Introduction
The Prohibition of Electronic Cigarettes Act, 2019 strictly bans not only the sale and manufacture of e-cigarettes but also their storage. This provision aims to eliminate the availability of electronic cigarettes across all channels. From the date of enforcement, anyone owning or controlling a premises must ensure it is not used for storage of e-cigarettes. The law mandates a clear process for disposing of any existing stock to prevent misuse or further circulation.
Is Possession of Storage of E-Cigarettes Illegal?
The Prohibition of Electronic Cigarettes Act, 2019 bans the storage of e-cigarettes from the date of its commencement. No person, whether owner, occupier, or anyone in control of a place, can knowingly allow that place to be used for storing e-cigarettes.
If anyone holds existing stock as of the commencement date for sale, distribution, transport, export, or advertisement, they must follow specific disposal steps. The person in possession must voluntarily prepare a list of the e-cigarette stock without delay. They must then submit this list and the actual stock to the nearest authorised officer.
The authorised officer must quickly take necessary steps to dispose of the stock according to the law. This process ensures that all stored e-cigarettes are cleared legally and efficiently, supporting strict enforcement of the ban.
What Happens If You Violate This Section?
Violating the storage restrictions under Section 5 of the Prohibition of Electronic Cigarettes Act, 2019 attracts strict penalties. As per Section 8 of the Act, anyone who stores electronic cigarettes illegally may face imprisonment for up to six months. The offender may also be fined up to ₹50,000. In some cases, the court may impose both imprisonment and fine. These penalties aim to enforce strict compliance and deter the illegal storage of e-cigarettes in India.
Latest Case Law Example
Courts recently applied Section 5 in Muhammed Navas Mahamood v. SHO (Kerala HC, Feb 6, 2020). Police arrested individuals found storing e‑cigarettes and nicotine fluid in a car under the Prohibition of Electronic Cigarettes Ordinance/Act. The court emphasized that storage, along with import, transport, sale, distribution and advertisement, is specifically prohibited by the Act. The judgment confirms that even interim storage during transit attracts legal action under Section 5.
Conclusion
The prohibition on storage of e-cigarettes plays a vital role in curbing their illegal trade and usage. By requiring individuals to declare and submit existing stock, the law promotes accountability and compliance. Timely disposal by authorised officers ensures these products do not return to the market. Strict enforcement of this section is essential for achieving the Act’s public health objectives and maintaining regulatory control.
