GAYATRI PARIVAR TRUST Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer of the petitioners in the instant writ petition is as under:- (i) By a suitable writ, order or direction the Proprietors of Cigarette Companies as well as 4 News Papers may be prosecuted under section 11 for offence under section 7 and be suitably punished. (ii) by suitable writ, order or direction all the news papers which are circulated in Rajasthan may be restrained from publishing any advertisement which has effect of promoting smoking. (iii) by suitable writ, order or direction exemplary cost may be awarded against the manufacturers of cigarettes and beedies and the news papers and the amount may be paid to the Institutions which are carrying on the activities for restoring health of the smokers and addicts. (iv) Any other order or direction which this Hon'ble Court may deem just, appropriate and expedient in the facts and circumstances of the case may also kindly be passed.

(2.) PETITIONERS are social organizations of repute and are working for the welfare of the citizens at large. These organizations are working for eradication of intoxicating activities and publishing literature, holding camp, displays slide shows and campaigning for eradication of this evil. Smoking of Tobacco in the form of cigarettes, Cigars, Beedies or otherwise has been age-old evil and in recent time it was detected that not only the person who smokes but even the passive smoker had to suffer harmful effects of tobacco. Recently the State Legislature has enacted the Rajasthan Prohibition of Smoking and Non smokers' Health Protection Act,2000 w. e. f. May 11, 2000 (for short `2000 Act' ). Section 2 (a) of 2000 Act defines advertisement and section 7 prohibits advertisement of cigarettes and beedies etc. , which reads as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" 7. Prohibition of Advertisement of Cigarettes etc. Notwithstanding anything contained in any other law for the time being in force, no person shall advertise in any place and any public service vehicle which may promote smoking or the sale of cigarettes and beedies etc. "

(3.) FOR these reasons, we dispose of instant writ petition as under:- (i) No relief as sought in the writ petition can be granted to petitioners in view of the provisions contained in 1975 Act. (ii) The petitioners shall be at liberty to approach the competent authority in view of the provisions contained in 2003 Act. (iii) There shall be no order as to costs. .