Delhi HC issues notice to BCAS on plea challenging ban on e-cigarette in flights

A user, whose e-cigarettes were confiscated at Delhi and Kolkata Airports, has called the order ultra virus of the law related to e-cigarettes and has sought a direction to quash the order issued by BCAS.

Justice Yashwant Varma issued notice to BCAS and directed them to file a reply in 4 weeks on the plea moved by Sutirtha Dutta.

The petitioner has filed a petition through advocate Dr Farrukh Khan challenging the order passed by the Directorate General of Civil Aviation (DGCA) on January 10, 2020, prohibiting/banning the transport of e-cigarettes at Indian Airports and airports citing the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Sale, Distribution, storage and Advertisement) Act 2019.

The petitioner has submitted that the action has been taken by the respondent without considering the provisions of the Act which only prohibits the production, manufacturing, import, export, transport, sale, distribution, and advertisement of e-cigarettes and not personal use.

The petition has stated that this abuse of power by the respondent has led to the confiscation of vaping devices from air travellers passing through Mumbai, Banglore, Chennai, Kolkata, Delhi, Goa, Bhavnagar and other airports.

It has been submitted that the petitioner is a frequent flyer and user of Vaping devices. He is a public health professional. He has been working with the Johns Hopkins University School of Medicine, Baltimore, USA., under the Y R Gaitonde Centre for AIDS research and Education and Elton John AIDS Foundation UK. The petitioner is affected by the issuance of the said addendum to Section 5 of the Aircraft Act.

The petitioner said his E-cigarette device was confiscated at New Delhi airport while he was travelling to Kolkata on December 21, 2020. Again his device was seized at Kolkata airport on December 27, 2020, when travelling to New Delhi.

The petition said Section 5 A of the Aircraft Act is aimed at safeguarding the aircraft and its passenger and the section derives its power from Section 5 and its rules there under.

It is further submitted that e-cigarettes are battery-operated devices that vaporise a nicotine-containing liquid. Batteries are not a prohibited item and cell phones to laptops with loose batteries are allowed on the aircraft. (ANI)