The home ministry has asked police to keep tabs on those smoking and selling tobacco products in public by effectively implementing the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act.
In a circular, home secretary Raghavendra H Auradkar told cops: "Cases booked against violators of the Act and those found smoking and selling tobacco products in public places should be included in monthly crime statistics that go into the data bank of the State Crime Records Bureau."
The circular comes in the wake of an order issued to all state governments by the Union ministry of health and family welfare on December 9, 2011. Police have been told to send a copy of cases booked to the Union ministry.
What the law says
COTPA defines 'public place' as any area to which people have access to and includes auditorium, hospital buildings, railway waiting rooms, amusement centres, restaurants, public offices, court buildings, workplaces, shopping malls, cinema halls, educational institutions, libraries, public conveyances and the like which are visited by people but doesn't include any open space. Under Section 12 of COTPA, police officers not below the rank of sub-inspectors can conduct raids on public places where people are found smoking and initiate proceedings against them.
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