• Section 7 of COTPA

A case has been filed under or for the violation of section 7 of COTPA 2003, what is the best way to proceed?
Is it necessary to apply for bail?
What would be the punishment/fine if the judgement is against us?
Asked 1 month ago in Civil Law from Mulabaagilu, Karnataka
Section 7 of COTPA mandates that no person can produce, supply, distribute or import any tobacco product unless every tobacco product package carries a specified warning including a pictorial warning as may be prescribed by the rules.

2)FOR VIOLATION (as per Section 20 of COTPA)
• Any violation of the provisions related to the specified health warnings under the Act, including rules made thereunder, by the producer and manufacturer of cigarettes and other tobacco products will lead to a penalty, for the first offence an imprisonment which may extend up to two years or with a fine which may extend to five thousand rupees or both and for any subsequent offence imprisonment which may extend up to five years and with fine which may extend up to ten thousand rupees.
• Any violation of this provision of the Act by the seller and distributor of cigarettes and other tobacco products will lead to a penalty, for the first offence, of imprisonment which may extend to one year or with a fine which may extend up to one thousand rupees or both and for any subsequent offence imprisonment which may extend to two years and with fine which may extend to three thousand rupees.
• If an offence is committed by a company, then the person in charge at the time when the offence was committed along with the company would be guilty of the offence and liable to punishment.

3)  The officer shall bear in mind that the offence committed under Section 7 of COTPA read with the Packaging and Labelling Rules 2008 IS NOT COMPOUNDABLE.

4) applyfor bail and contest case on merits 
Ajay Sethi
Advocate, Mumbai
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Yes, since it is a cognisable offence taking of bail is necessary.
Apply for anticipatory to avoid arrest before exploring all optios to evade arrest.
Since content of FIR is not shared I can not comment on the merit of the bail petition though.
Devajyoti Barman
Advocate, Kolkata
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It is necessary to apply for bail. 

The violation of section 7 is punishable under Section 20 of the COTPA. The producer/
manufacturer can be punished with imprisonment up to 2 years or with fine which may
extend to five thousand rupees or with both
Niranjan
Advocate, Bangalore
2 Answers
0 Consultations
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1. For the  first  offence  the  punishment  is  with  imprisonment  of  upto  1  year  or  with  a  fine  of  
Rs. 1000/- or with both whereas for second or subsequent conviction it will attract imprisonment of a term which may extend upto 2 years and with a fine upto Rs. 3000. Bail has to be sought unless the accused wants to go to jail.

2. This can also result in confiscation of the cigarette products and other tobacco products which are found to have been sold without the pictorial warning mandated by the act.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Hi
These are bailable offences and in the event of arrest, police themselves can give you station bail. So no worries. 

Section 7 of COTPA  has always resulted in payment of fines and hence you do not need to worry on the imprisonment part. 

The punishment and fines are as follows:
Penalty.
For producer and manufacturer:  First time violation of this provision attracts imprisonment upto 2 years or with a fine upto Rs 5000/- or with both.
 
For Seller or distributor :  For first offence the punishment is with imprisonment of upto 1 year or with a fine of Rs. 1000/- or with both

Hope this information is useful
 
Rajgopalan Sripathi
Advocate, Hyderabad
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43 Consultations
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“1) No person shall, directly or indirectly , produce, supply or distribute cigarettes
or any other tobacco products unless every package of cigarettes or any other
tobacco products produced, supplied or distributed by him bears thereon , or on
its label, the specified warning including a pictorial depiction of skull and cross
bones and such other warning as maybe prescribed.
and so on. 
Penalty.
For producer and manufacturer
 First time violation of this provision attracts imprisonment upto 2 years or with a fine
upto Rs 5000/- or with both.
 Second or subsequent conviction will attract imprisonment for upto 5 years and a fine
of upto Rs. 10,000/-.
For Seller or distributor
 For first offence the punishment is with imprisonment of upto 1 year or with a fine of
Rs. 1000/- or with both
 Second or subsequent conviction will attract imprisonment of a term upto 2 years and
with a fine upto Rs. 3000/-. 

All offences punishable under this act are bailable hence need not take anticipatory bail. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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