Sanjay Karol, J.

Letter petitioner Mr. Ankush Dobhal resident of Madan Kutti, Upper (Ramnagar), District Shimla, Himachal Pradesh, has highlighted a vital issue of public importance, i.e. non-implementation of state policy for the sale of tobacco products and loose cigarettes.

2. The questions, which arise for consideration in the present petition, are:

(a) Whether the state has failed in its duty for proper implementation of the laws/its policy regarding the sale of tobacco products?

(b) If, the above answer is in affirmative, what steps are to be taken to make the implementation stricter?

Legislative Policy of the Central Government

3. The Hon. Apex Court in 2001 stated its opinion, regarding public smoking in Murli S. Deora vs Union of India, (2001) 8 SCC 765, wherein the court observed as under:

“2. Fundamental right guaranteed under Article 21 of Constitution of India, inter alia, provides that none shall be deprived of his life without due process of law. Then-why a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because he is required to go to public places? Is it not indirectly depriving of his life without any process of law? T