Ujagar Singh Chappa vs Union of India and Others

Ranjan Gogoi, C.J.—This PIL has been filed seeking directions for effective implementation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as ''the Act''). A further direction to prohibit sale and consumption of alcohol, non-vegetarian food and tobacco products within the municipal limits or local limits of the holy cities/religious places as detailed in the writ petition, has also been prayed for. Learned counsel for the petitioner, on being asked, has submitted that the Act does not prescribe any minimum distance which is required to be maintained between a place where tobacco products are sold and a place of religious worship. Insofar as the prohibition on sale of alcohol and non-vegetarian food is concerned, obviously, the aforesaid aspects of the matter are not covered by the Act. Learned counsel has not been able to point out any law which would prohibit the sale of such items within the municipal limits or local limits of the holy and religious cities.

In the aforesaid circumstances, we are inclined to hold that the PIL does not disclose any basis for being entertained. Consequently, the PIL is dismissed, however, without any orders as to costs.