Section 24. Punishment for sale of cigarettes or any other tobacco products in certain places or to persons below the age of eighteen years
(1) Any person who contravenes the provisions of section 6 shall be guilty of an offence under this Act and shall be punishable with fine which may extend to two hundred rupees.
(2) All offences under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974).
How courts have applied section 24
- Regular bail was granted to accused in judicial custody with no prior cases or where the major investigation was complete, subject to conditions like daily police reporting and a bond.1,2,3,4
- Bail may be refused despite the offence being technically bailable, where the quantity of tobacco is large and poses a serious public health risk.5,6
- Proceedings under Section 24(1) were quashed where the issue was squarely covered by a prior order of the same court.7,8
- A hookah pot is an instrument for consumption, not a tobacco product per se, so its sale does not attract Section 24(1).9
- Quashing of proceedings against principal offenders in a prior order can render continuation against another accused an abuse of process.10,9
- A breach of bail conditions can result in action as per P.K. Shaji, and absconding may attract a fresh offence under Section 269 BNSS.1,11
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The judgements here deal mostly with bail applications and quashing petitions arising from prosecutions under Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, frequently in combination with offences under the Bharatiya Nagarik Suraksha Sanhita, 2023, or the Indian Penal Code. A recurring pattern in the Madras High Court orders is the grant of regular bail under Section 483 of the BNSS to accused persons in judicial custody, often considering the quantity of tobacco involved, the absence of prior criminal antecedents, the period of incarceration, and the completion of the major part of the investigation. Such grants were typically conditional, requiring bonds, daily police reporting for a fixed period, and compliance with the principles in P.K. Shaji, with breach of conditions inviting action and absconding attracting a fresh offence.12,13,1,2,10,9,3,4,11
Courts in these orders refused bail or anticipatory bail where the facts disclosed a serious public health risk. One bail petition was dismissed despite the offences being technically bailable, because the accusation involved the illegal transport of a large quantity of banned tobacco intended for sale to vulnerable sections. Anticipatory bail was refused where the accused had two previous cases of a similar nature and the prosecution alleged possession of a substantial quantity of contraband. Pre-arrest bail was also refused in another matter where the charge sheet had been filed in the interregnum, lending credence to the prosecution case.5,6,14
Several Telangana High Court orders allowed petitions to quash proceedings under Section 24, often adopting the reasoning of a prior coordinate bench order and finding the issue squarely covered. In one such matter, proceedings were quashed because a hookah pot was held not to be a tobacco product per se, and no act meeting the essentials of the provisions under the Act was disclosed. In another, the quashing of proceedings against principal offenders in a prior order was held to render continuation against a subsequent accused an abuse of process. A Karnataka High Court order quashed proceedings where the petitioner had given an affidavit undertaking not to sell hookah after a subsequent State Government ban.7,8,9,10,15
The judgements also show courts handling ancillary issues. One Madras High Court order corrected a clerical error that had misidentified the satisfaction court before granting bail. A Kerala High Court order dismissed a challenge to a Magistrate's decision to commit a case to the Court of Session, holding that the finding of a sessions-triable offence under the Juvenile Justice Act satisfied the requirement of recording reasons under Section 323 of the Code of Criminal Procedure. An Andhra Pradesh High Court writ petition was disposed of on submission of instructions regarding an enquiry into a police officer's conduct, without addressing the merits of the COTPA offence.13,16,17
By court
Outcomes
Judgements applying section 24
The High Court at Bengaluru allowed a criminal petition under Sections 482 Cr.P.C. and 528 BNSS to quash proceedings in C.C. No. 3359/2023 pending before the Additional Civil Judge and JMFC, Devanahalli. The offences allegedly involved sections of the COTPA, IPC, and Karnataka Police Act.
AllowedOpenThe Madurai Bench acquitted the petitioner in a bail petition filed regarding offences under the Cigarettes and other Tobacco Products Act and Juvenile Justice Act, granting bail subject to monetary deposits and reporting conditions.
AllowedOpenThe Madurai bench of the Madras High Court dismissed an appeal for bail in a case concerning the illegal transportation and intended sale of prohibited tobacco products, noting the harmful health effects on the public and the large quantity seized.
DismissedOpenThe Madurai Bench of the Madras High Court granted bail to the sole accused, Minnarasi, charged with offences under Section 123 of BNS and the Tobacco Products Act. Accused was released on bond with sureties and strict reporting conditions.
AllowedOpenThe court dismissed a bail petition insofar as it sought correction of the satisfaction court name in a previous order, directing the registry to make clerical corrections. It subsequently granted bail to the petitioner in Crime No.180 of 2026 regarding possession of banned tobacco products.
AllowedOpenQuash petition under Section 528 BNSS allowed; proceedings in C.C. No.3470 of 2025 (FIR No.77 of 2017, P.S. Chandrayangutta) against accused No.6, Sajid Ali Khan, for offences under Section 420 IPC and Sections 5, 6, 7 r/w 20(2), 22 and 24(1) COTPA quashed following Crl.P.No.5577 of 2023 dated 08.08.2024 (COTPA…
AllowedOpen
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A hookah pot is an instrument used in consumption of tobacco but not per se a tobacco product; no provision bans its sale. The charge-sheet disclosed no act meeting the essentials of Sections 5, 6, 7, 20(2), 22 or 24(1) of the COTPA Act, nor any cheating or dishonest inducement attracting Section 420 IPC.
AllowedOpenWrit petition (Art. 226) by Shaik Meera Saheb seeking mandamus against alleged police inaction on his statement in Medico Legal Case No. 83/20 dated 04-08-2020, Government Area Hospital, Gudivada; respondents: State of AP (Home), SP Machilipatnam, DSP Machilipatnam, SHO Mudineapalli PS, Krishna District.
DisposedOpenpre-arrest bail; anticipatory bail; ABLAPL refused; charge sheet filed lends credence to prosecution; surrender within one month; first-hour bail consideration; same-day disposal by higher forum; case diary; ground of parity left to courts below; S.D.J.M. Berhampur; Gopalpur P.S. Case No. 230 of 2022; G.R. Case No.
DisposedOpenWhere counsel for both parties agreed that a criminal petition seeking quashment of proceedings for offences under Sections 275 and 223(b) BNS 2023 and Section 24(1) COTPA was squarely covered by the earlier common order dated 05.07.2021 in Crl.P.No.
AllowedOpenPetition to quash FIR over possession and sale of banned tobacco/gutka products, registered under BNS and COTPA provisions. Court allowed it in terms of its earlier order, quashed proceedings against accused Nos.1 and 3 and directed return of seized property.
AllowedOpenAccused challenged a Magistrate's order refiled committing their case to Sessions on the ground that Section 77 JJ Act offence is sessions-triable; the High Court found reasons were recorded under Section 323 Cr.P.C. and dismissed.
DismissedOpen
Vellakani v. State of Tamil Nadu (Inspector of Police, Uthumalai Police Station), Crl.O.P.(MD)No.15827 of 2026, Madurai Bench of Madras High Court, K. Rajasekar J., decided 30.07.2026 — bail petition under Sec.483 BNSS for alleged possession of 3.450 kg banned tobacco products;
AllowedOpenBail granted - Crl.OP(MD)No.15533 of 2026, Madurai Bench of Madras High Court (K. Rajasekar, J., 28.07.2026): Petitioner Mahendran, arrested and remanded on 18.07.2026 in Crime No.299 of 2026 of Thevaram Police Station, Theni District, for offences under S.123 BNS and Ss.6(b) & 24(1) of COTP Act, 2003 arising out of…
AllowedOpenBail granted. High Court of Judicature at Madras (C. Kumarappan J.; order dated 28-07-2026) in CRL OP No. 20229 of 2026, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, enlarges petitioners Ravi and Magesh (Accused 1 and 2) on bail in Crime No.73 of 2026 (Sub Inspector of Police, Desur Police…
AllowedOpenCrl.O.P.No.19788 of 2026; Madras High Court; Justice C.Kumarappan; decided 24.07.2026; bail under Section 483 BNSS 2023; Crime No.89 of 2026, Veraiyur Police Station, Tiruvannamalai; alleged offences Sections 123 and 275 Bharatiya Nyaya Sanhita 2023 and Section 24(1) Cigarettes and other Tobacco Products Act 2003;
AllowedOpenMadras High Court bail order dated 24.07.2026 in Crl.O.P.No.19847 of 2026 (Venkatraman v. The State, Crime No.146 of 2026): bail granted under S.483 BNSS 2023 to a 67-year-old accused charged under S.123 BNS 2023 and S.24(1) COTPA 2003 for possessing 4.5 kg of banned tobacco products;
AllowedOpenMadras High Court anticipatory bail refused and petition dismissed; CRL OP No.19606 of 2026 dated 23.07.2026 by C. Kumarappan J.; petition under section 482 of BNSS; Crime No.103 of 2026, Aliyar Police Station, Coimbatore District;
DismissedOpen
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Crl.O.P.(MD)No.14879 of 2026; Narayanamoorthy v. State of Tamil Nadu; bail petition Sec.483 BNSS; Section 123 BNS; Section 24(1) COTP Act 2003; illegal possession 27.45 kgs banned tobacco products; Sivagiri Police Station Tenkasi District; Crime No.232 of 2026; arrested and remanded 28.06.2026;
AllowedOpenAnticipatory bail - CRL OP under Section 482 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023 - petitioner apprehends arrest in Crime No.400 of 2026 (Kallakurichi Police Station) for alleged offences under Sections 24(1) of COTPA read with Section 123 of the Bharatiya Nyaya Sanhita, 2023 - implicated solely on…
AllowedOpenArumugam v. State of Tamil Nadu (Inspector of Police, Rajapalayam South Police Station, Virudhunagar District), CRL OP(MD)No.14560 of 2026, Madurai Bench of Madras High Court, K. Rajasekar J., 16.07.2026: Criminal Original Petition under S.483 BNSS 2023 for bail in Crime No.363 of 2026;
AllowedOpenMadras High Court; C.Kumarappan J; CRL OP No. 18274 of 2026 (decision dated 14-07-2026); anticipatory bail application under Section 482 BNSS dismissed; Crime No.208 of 2025, Viruddhachalam Police Station, Cuddalore; offences under Sections 132, 275, 123 of BNS Act;
DismissedOpen
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