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UMy friend was just walking in the street at 9 PM when suddenly 3 cops in a single bike without helmet stopped him and asked to search his pockets. He had earphones case in his pocket which bulged out his track pants. The cop driving generally roams around in that area to catch youngsters with vape. I see him frequently catching someone and at least taking 1-2k fine per person. So he suspected that my friend was carrying a vape in his pocket and after the check he let him go.
Is it legal for cops in Mumbai to demand pocket checks? Can you refuse them?
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UApparently there’s a lot in this topic.
According to Prohibition of Electronic Cigarette Act (PECA) 2019 this is the statement –
“An Act to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto.”
If you go through the article you can see that it’s nowhere mentioned that the possession of vape for personal use is illegal but it’s also not written otherwise. So the cops exploit this and loot the vapers.
Also the health ministry tweeted that possession for personal use is not illegal and also the Maharashtra government circulated a circular stating the same.
But the cops take advantage of the ambiguity of the act cause they know most the youngsters don’t want to get into police mess and who wants to go to court for a vape. Also I confirmed with a DC that they generally register a FIR if you are brought to the station for vape. So yeah that’s it the whole thing is fucked!!
Here’s the link: https://ntcp.mohfw.gov.in/assets/document/The-Prohibition-of-Electronic-Cigarettes-Production-Manufacture-Import-Export-Transport-Sale-Distribution-Storage-and-Advertisement)-Act-2019.pdf
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