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Vendor held under new Act for selling cigarette to minor

According to joint commissioner of police, crime, Atulchandra Kulkarni, the trap was laid by the city crime branch and the Food and Drug Administration (FDA), after a tip-off that the vendor is selling cigarettes to students.

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In what is believed to be the first under the newly amended Juvenile Justice (Care and Protection of Children) Act, which came into effect on January 15, this year, a retailer was arrested for selling cigarettes to a student of Don Bosco School in the city.

According to joint commissioner of police, crime, Atulchandra Kulkarni, the trap was laid by the city crime branch and the Food and Drug Administration (FDA), after a tip-off that the vendor is selling cigarettes to students.

"Under the amended Act, selling tobacco products to juveniles is a cognisable and non-bailable offence and attracts seven years of rigorous imprisonment (RI)," he said adding that the retailer was arrested red-handed and the same was recorded on mobile phone.

The retailer was booked under the newly-modified section 77 of the Juvenile Justice (Care and Protection of Children) Act, which states that whoever gives, or causes to be given (sic), to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with RI for a term which many extend to seven years and also be liable to a fine which may extend up to Rs 1 lakh.

"The earlier Cigarette and Other Tobacco Products Act 2003 had miserably failed to protect the sale of such substances to minors as the fine imposed was a meagre Rs 200. More than 5,500 children are getting into tobacco consumption daily. The new act will save our future generations from this lethal habit," he said.

"It's a momentous occasion that Mumbai Police has become the first enforcement agency in the country to book a seller under this Act. We will also brief our Anti-Narcotics Unit to gather information about narcotics being supplied or used for peddling drugs. As per the section 78 of the Act, whoever uses a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance shall be liable for rigorous imprisonment for a term which many extend to seven years and shall also be liable to a fine which may extend up to Rs 1 lakh," said additional commissioner of police, crime, KMM Prasanna.

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