SHAJAHAN K S Vs. STATE OF KERALA

JUDGEMENT

(1.) Common questions of law have been raised by the learned counsel appearing for the parties and hence, these matters are disposed of by a common judgment. One of the contentions raised by the petitioners in these cases is that in order to attract section 6 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003), the sale of tobacco products should be to a person who is under 18 years of age and the sale must also be in an area within a radius of one hundred yards of any educational institution.

(2.) Section 6 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003) reads as follows:

(3.) The petitioners contend that since the word 'and' is used conjunctively those two conditions should be satisfied to hold that a person has committed the offence under section 6 of the Act. Its penal provision is contained in section 24 of that Act.