Rajasthan High Court Mandates Strict State-Wide Enforcement of E-Cigarette Ban Under Prohibition of Electronic Cigarettes Act, 2019 - 2025-09-18

Legal Articles | Court & Judgment Updates

Rajasthan High Court Orders Robust Enforcement of E-Cigarette Ban, Seeks Action Reports from State and Centre

Jaipur: The Rajasthan High Court has issued a series of stringent directives to both the state and central governments to ensure the complete and effective implementation of the Prohibition of Electronic Cigarettes Act, 2019. Hearing a Public Interest Litigation (PIL), the court underscored the need for a more concerted effort to curb the sale and availability of e-cigarettes.

The division bench, comprising Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit , passed the order in the case of Priyansha Gupta vs Union Of India after acknowledging that despite some initial steps, "much is required to be done" to enforce the nationwide ban.

Case Background

The writ petition, filed as a PIL, sought the court's intervention for the strict enforcement of the Prohibition Of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 . During the hearing on September 18, 2025, an Additional Superintendent of Police present in court conceded that while some e-cigarettes had been seized and the Central Government had initiated the blocking of certain websites, these measures were insufficient to achieve the objectives of the Act.

Court's Directives for State-Level Action

Observing the gaps in enforcement, the High Court directed the state machinery to formulate and execute a comprehensive action plan. The key directives issued to the Government of Rajasthan include:

• Formation of a Special Team: The Director General of Police (DGP), Rajasthan , has been ordered to create a dedicated team of officers from various range headquarters. This team will be responsible for spearheading efforts to implement the 2019 Act in its entirety across the state.
• Appointment of District-Level Officers: The Chief Secretary, State of Rajasthan , is directed to appoint "authorized Officers" in every district. These officers, who will be of the rank of Collector or Additional Collector, are tasked with implementing the provisions starting from Section 6 of the Act, which deals with the power to search and seize.

The court has mandated the state to file a detailed compliance report outlining the specific steps taken in each district before the next hearing.

Accountability Sought from the Union Government

The bench also turned its attention to the role of the central government in curbing the online sale and promotion of e-cigarettes. The counsel for the Union of India has been instructed to file a report detailing:

• The total number of websites that have been blocked for selling e-cigarettes.
• Specific actions taken against the sellers and platforms found to be violating the 2019 Act.

Final Decision and Implications

This interim order signifies a major push from the judiciary to ensure that the legislative ban on e-cigarettes translates into a ground-level reality. By mandating a multi-tiered enforcement mechanism involving the DGP and District Collectors, the court aims to create a robust framework for compliance. The call for detailed reports from both state and central authorities establishes clear accountability.

The matter has been listed for the next hearing on November 12, 2025 , by which date the compliance reports are expected to be on record. The outcome of this PIL could set a precedent for how other states address the challenge of enforcing the e-cigarette ban.