Section 7. Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products
(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 1[such specified warning including a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning.
(3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning.
(4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration.
(5) 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 indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof:
Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
How courts have applied section 7
- Bail was granted where the quantity of banned tobacco products was small, the petitioner had been detained briefly, and there was no serious previous record.1
- Anticipatory bail was granted even for large quantities of seized goods where the petitioner's name was not in the FIR or there was no previous case.2,3
- Quash of proceedings was allowed where the issue was covered by an earlier order in an identical matter from the same FIR.4,5
- Proceedings were quashed for want of the Magistrate's permission where all alleged offences were non-cognizable.6
- A prosecution under certain BNS sections and Section 7 read with Section 20(2) of the COTPA was held not sustainable, following an earlier ruling.7
- A writ petition was dismissed as premature where the business was not yet established and no permissions were placed on record.8
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The judgements here are mostly criminal matters — quash petitions, bail and anticipatory bail applications — in which Section 7 of the Cigarettes and Other Tobacco Products Act, 2003 is alleged alongside other offences. In several of them, the courts noted that the petitioners had no previous cases or that the seized goods were already recovered, and granted bail or anticipatory bail subject to conditions such as a bond, sureties, daily reporting to the police, and restrictions on tampering with evidence or leaving the country. Some bail orders were routine, with the courts referring to consequences for breach and possible fresh proceedings if the accused absconded. Two quash petitions were allowed because the issue was covered by earlier orders of the same court in identical matters arising from the same FIR, and the prosecution raised no objection.9,1,10,2,3,11,12,4,5
Courts in these orders also considered procedural and jurisdictional defects. One quash was allowed because the alleged offences under the Excise Act, Police Act and the COTPA were non-cognizable and the complaint was registered without the Magistrate's permission. In another matter, the court held a prosecution under certain BNS sections and Section 7 read with Section 20(2) of the COTPA not sustainable, following an earlier ruling, and quashed the FIR. Where the question of quashing was not pressed on merits, or the petition was withdrawn as not maintainable, the courts disposed of the matter with liberty to approach the trial court or to renew the prayer after charge-sheet. A writ petition seeking to restrain police interference with the service of flavoured hookah was dismissed as premature because the business was not yet established and no permissions were shown.6,7,13,14,8
By court
Outcomes
Judgements applying section 7
Petition to quash proceedings against a pan shop seller charged with selling prohibited cigarettes; the State did not oppose, and following a prior coordinate-bench order quashing similar cases, the High Court quashed proceedings and directed return of seized property.
DisposedOpenQuash 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…
AllowedOpenAllahabad High Court, Saurabh Srivastava, J., order dated 7.4.2025, Application U/S 528 BNSS No. 11202 of 2025 (Mohd Afzal vs. State of U.P. and Another): quashing application regarding charge-sheet dated 25.09.2023 and summoning order dated 06.12.2023 in Sessions Case No. 371 of 2023 arising out of Case Crime No.
DisposedOpenThe Delhi High Court granted interim bail for two weeks to an applicant accused under the NDPS Act following his father's death. Despite prior NDPS involvement and pending co-accused investigation, the Court imposed strict conditions to address tampering risks.
Petitioners sought quashing of FIR registered for possession/sale of banned gutka under Sections 274 and 275 BNS and Sections 7 r/w 20(2) of the COTP Act, and release of seized property.
AllowedOpenTelangana High Court (Single Judge, N.V. Shravan Kumar J., 29-08-2025), W.P. No. 25596 of 2025 — hookah lounge prematurity; flavoured hookah; writ of mandamus against police interference refused; COTP Act 2003 (COTPA) Sections 3(b)(k)(n), 4, 4A, 6, 7, 11, 12, 13 discussed;
DismissedOpen
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Successive bail application under Sec.483 BNSS, 2023 allowed; offences under Sections 275, 123 BNS 2023 and Sections 7(1), 24(1) Cigarette and other Tobacco Products Act, 2003; Crime No.264 of 2024, Thiruvonam Police Station, Thanjavur; 1070 kg banned tobacco worth Rs.7,00,000 seized; custody from 27.10.2024;
AllowedOpenBail application by accused in possession of 800 kgs of banned tobacco products. Court granted bail noting property recovered and period of incarceration, imposing bond with two sureties, daily police reporting, and a charitable deposit for school furniture.
AllowedOpenQuashing of FIR; non-cognizable offence; investigation without Magistrate's permission; Section 155(2) Cr.P.C.; Section 174(2) BNSS 2023; Section 36 Karnataka Excise Act; Section 109 Karnataka Police Act; Sections 7 and 21 COTPA Act 2003; raid on bar and restaurant ('Lovers Night Bar and Restaurant'); S.J.
AllowedOpenHigh Court of Karnataka, Kalaburagi Bench; CRL.P No. 200647 of 2025; decided 08-05-2025 by Justice S.Vishwajith Shetty (single judge); anticipatory bail petition (S.438 Cr.P.C. old / S.482 BNSS new) dismissed as not pressed; petitioner Accused No.7 in Humnabad P.S. Crime No. 85/2024;
DismissedOpenAnticipatory bail petition under S.438 Cr.P.C. (old) / S.482 BNSS (new) by accused no.2 in Humnabad P.S. Crime No.03/024 (COPTA 2003 S.7; IPC Ss. 34, 420, 468, 476, 269, 270, 284, 336) dismissed as not pressed with liberty to surrender and apply for regular bail;
DismissedOpenCRL.P No. 200721 of 2025, High Court of Karnataka, Kalaburagi Bench, Justice V Srishananda, decided 04-06-2025. Quashing petition under S.528 BNSS (482 Cr.PC) against entire proceeding of Crime No.85/2024, Humnabad Police Station, Bidar Dist. (S.7 COPTA/Cigarettes and Other Tobacco Products Act 2003;
DismissedOpen
The Madras High Court granted bail to petitioners arrested for possession of banned tobacco products (2.5 kg) under Sections 7(5) and 20(2) of the COTPA and Section 123 of the Bharatiya Nyaya Sanhita, 2023, citing small quantity and lack of severe antecedents. Bail is subject to a bond and daily reporting.
AllowedOpenMadras High Court (P. Dhanabal, J.) allowed CRL OP No. 11548 of 2026 on 14-05-2026 granting anticipatory bail under Section 482 B.N.S.S. to Shureshbhai Chaudhari in Crime No.387/2025 of SIPCOT Police Station, Krishnagiri District, for offences under Sections 123 BNS, Sections 7 & 20(1) COTPA Act and Section 4(1)(c)…
AllowedOpenAnticipatory bail sought by a person whose name was not in the FIR, accused of transporting banned tobacco products and rum seized from an intercepted vehicle. Court granted bail on conditions including daily police reporting and bond with two sureties.
AllowedOpenMadras High Court (P. Dhanabal J., 30.12.2025), Crl.O.P.No.35666 of 2025: anticipatory bail allowed under S.482 BNSS in Crime No.188/2025 (Pappireddipatti PS, Dharmapuri) for possession/transport of 475 kgs banned tobacco products under S.123 BNSS and Ss.7, 20(2) COTPA Act 2003;
AllowedOpenAnticipatory bail granted; banned tobacco products possession case; Crime No.326/2025 Velipalayam Police Station Nagapattinam; Sections 275, 123 BNS; Section 269 BNS 2023 fresh FIR on absconding; Sections 7, 20(1) Cigarettes and Other Tobacco Products Act 2003 (COTPA); previous case bail already granted;
AllowedOpenPetitioners sought bail in a case of illegal transport of 520 kgs of banned tobacco products under COTPA and BNS provisions. The court noted no previous cases against them and the period of incarceration already suffered, and granted bail on conditions including daily police reporting.
AllowedOpen
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Madras High Court (P. Dhanabal J., 26-12-2025), CRL OP No. 35557 of 2025: bail granted under Section 483 BNSS in Crime No. 514/2025 (Sipcot PS, Krishnagiri district) for offences under S.123 BNS r/w Ss.7 & 20(1) COTPA Act and S.4(1)(C) TNP Act; alleged possession of 116 Kgs banned tobacco products;
AllowedOpenBail granted. Petitioner, arrested and remanded on 24.10.2025 for offences punishable under Section 123 of BNS, 2023 read with Sections 7, 20(1) of COTPA Act and Section 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act in Crime No.452 of 2025 (SIPCOT Police Station, Krishnagiri District), alleged to have transported…
AllowedOpenBail granted after 66 days custody for possession of banned tobacco products under COTPA and BNS; earlier bail dismissed; conditions include daily police reporting.
AllowedOpenMadras High Court, Crl.O.P.No.34635 of 2025, Justice K. Rajasekar, decision 17-12-2025. Bail partly allowed in Crime No.184 of 2025 (Thiruvalam PS, Vellore) for illegal possession of 130 kg banned tobacco products under Sections 7(5)/20(2) COTPA 2003 and Section 123 BNS.
Partly allowedOpen