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