Madras HC Acts Against Banned "Cool Lip" Tobacco Use in Schools

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Synopsis

Court opined that a detailed inquiry is required into the issue before making a final decision on granting bail to interstate sellers

In a significant move, the Madras High Court has taken action against the rampant use of "Cool Lip" tobacco products among school kids in Tamil Nadu. Court has suo motu impleaded the Ministry of Health and Family Welfare, the Secretary to Government, School Education Department, and the Commissioner of Food Safety and Drug Administration in Tamil Nadu in a plea dealing with this critical issue.

A bail petition was filed by a man arrested for possessing 27 packets of "Cool Lip" tobacco products, which are banned in Tamil Nadu.

While considering the petition, the court noted the alarming frequency of seizures involving large quantities of these products.

Court highlighted video evidence showing that schoolchildren were using the tobacco products, which had led to erratic behavior, classroom disturbances, and students appearing "dazed." Teachers are struggling to manage the issue, and many parents are unaware of their children's involvement, the court observed.

Court emphasized the dangers of tobacco, referring to state orders that classify it as an unsafe food linked to cancer.

It said, "Tobacco itself is unsafe. As a matter of fact, orders have been passed by the authorities of Tamil Nadu that it is an unsafe food. It will lead to cancer".

More concerningly, the court noted that young students could be drawn towards more dangerous substances like ganja or other narcotics after developing a tolerance to nicotine addiction.

Despite the Tamil Nadu government's efforts to ban these products, court pointed out that "Cool Lip" continues to be manufactured and sold in other states.

As a result, large quantities are being smuggled into Tamil Nadu despite the best efforts of the police and food safety authorities, it highlighted. 

Acknowledging the difficulty in completely stopping the influx of these products and the severity of the issue, court suggested a detailed inquiry into the issue before making a final decision on granting bail to interstate sellers.

Court posted the matter next on September 20, 2024 for the newly impleaded respondents' appearance and for further enquiry.

Meanwhile, the accused has been granted interim bail under certain conditions, including posting a bond of Rs. 10,000 with two sureties, daily reporting to the police, not tampering with evidence or witnesses, and remaining available for trial.

Case Title: AunestraJa vs. The State of Tamil Nadu and Others