HC issues rule asking why ban on vape, e-cigarette import, sale should not be declared illegal
The court also directed the authorities not to confiscate or seize vape and e-cigarettes that have already been imported into the country for the time being
The High Court has issued a rule asking why Section 6(G) of the Smoking and Tobacco Products Usage (Control) Act, 2005, which bans the import, supply and sale of vape and e-cigarettes, should not be declared unconstitutional and illegal.
The court also directed the authorities not to confiscate or seize vape and e-cigarettes that have already been imported into the country for the time being. The commerce secretary, customs authorities and other relevant officials have been instructed to implement the order.
The High Court bench of Justice Ahmed Sohel and Justice Fatema Anwar passed the order today (1 March) after hearing a writ petition filed by 41 traders, according to court sources.
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Senior lawyer Ahsanul Karim and Barrister HM Sanzid Siddiqui represented the petitioners during the hearing.
Section 6(G) of the Smoking and Tobacco Products Usage (Control) Act, 2005 prohibits electronic nicotine delivery systems, emerging tobacco products and related items.
According to sub-section (1) of the provision, no person is allowed to produce, import, export, store, advertise, promote, sponsor, market, distribute, buy, sell or transport electronic nicotine delivery systems or their components, including e-cigarettes, vape devices, vaporisers, and e-liquids, as well as heated tobacco products or any emerging tobacco products.
Sub-section (2) states that any person who violates the provision may face imprisonment of up to three months, a fine of up to Tk2 lakh or both. Repeat offenders may face double the penalties progressively.
