LawChakra

High Court Advocate Questions Unlawful Cigarette Sales in Mumbai Fort: “Why Are Licenses Given in a ‘No Smoking’ Zone?”

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A High Court advocate raised concerns on social media about the illegal sale of cigarettes in Mumbai’s Fort area, which is officially a ‘No Smoking’ zone. The lawyer questioned how tobacco licenses were issued despite the smoking ban in the area. The post sparked public debate, urging authorities to take action against unlawful cigarette sales. In response, the BMC acknowledged the issue and assured necessary steps would be taken.

Highlighting the illegal trade of tobacco products, a recent post on X by High Court lawyer Advocate Jessy Payne drew attention to the uncontrolled sale of cigarettes in the Fort area of Mumbai, which is designated as a ‘Non-Smoking Zone.’

Despite this designation, tobacco sales are widespread in the region.

In her post, Advocate Payne shared images of local paan shops and remarked,

“It’s ironic that the walls outside Bank of India at Fort, next to the High Court, display ‘No Smoking’ signs on every pillar and wall, yet paan shops are seen operating near the gate, selling cigarettes. The area is filled with cigarette smoke, and people are smoking right next to the ‘No Smoking’ signs. How can smoking be banned, but cigarette sales allowed just outside? Is public health being ignored for revenue? Why are licenses given in a ‘No Smoking’ zone? What steps are being taken to curb tobacco use in public spaces? Public health and heritage must come before profit.”

She tagged various official accounts, including BMC, Bank of India, the Ministry of Health & Family Welfare, and Tobacco Free India.

In response, the Brihanmumbai Municipal Corporation’s (BMC) digital team quickly replied within an hour, assuring her that the concerns raised had been communicated to the responsible authorities and that the BMC Ward A team would address the issue promptly.

Their comment stated,

“We understand your concern. We have an intimate @mybmcWardA team to attend to this as soon as possible.”

Under the Cigarettes and Other Tobacco Products Act, 2003, smoking in public places is prohibited in Mumbai, with violations subject to fines and potential community service.

First-time offenders may face a Rs.1,000 fine and one day of service, while repeat offenders incur steeper penalties.

Additionally, spitting tobacco products in public is also banned, with similar fines and possible imprisonment for repeat violations. Public Notices is required to indicate these prohibitions, and tobacco collection boxes are placed at government office entrances.

The sale of tobacco near educational institutions is forbidden, and electronic cigarettes are also restricted. Enforcement is managed by the BMC through its smoke-free cell.

Advocate Payne raised critical questions in her post,

“Why are licenses given in a ‘No Smoking’ zone?” and “What steps are being taken to curb tobacco use in public spaces?”

These inquiries highlight significant concerns about ongoing legal violations that have persisted for decades without action.







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