Disposed¶30

In the Matter of Suo Moto Public Interest Litigattion, v. State of Chhattisgarh

Chhattisgarh HC19 Jul 2026WPPIL/95/2024

Case brief

AI extract

What is this about?

WPPIL No. 95 of 2024; High Court of Chhattisgarh at Bilaspur; suo motu PIL; sale of tobacco products near Railway School/school area Bilaspur despite COPTA 2003 (Cigarette or other Tobacco Products Act); directions to Chief Secretary, Commissioner Municipal Corporation Bilaspur and Secretary School Education Department; National Tobacco Control Programme; District Level Coordination Committee meeting 30.09.2025; penalties on hawkers/shopkeepers near school premises; no new incidents reported 09.01.2026 and 05.05.2026; PIL disposed 20.07.2026; Ramesh Sinha CJ; Ravindra Kumar Agrawal J.

What did the court decide?

Public Interest Litigation disposed of; respondents expected to take all precautions with respect to the issues raised in the PIL. ¶30

In the Matter of Suo Moto Public Interest Litigattion, Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

CGHC010401222024

2026:CGHC:30596-DB

NAFR

INDRAJEET SAHU

Digitally signed by INDRAJEET SAHU Date: 2026.07.21 16:31:18 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPPIL No. 95 of 2024

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1 - In The Matter Of Suo Moto Public Interest Litigation, Regarding News Item, Namely Tobacco Products Continue To Be Sold Freely Despite Implementation Of Copta On News Item Published In Daily News Paper The Hitavada, Window On Chhattisgarh Dated 15-11-2024.

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... Petitioner(s)

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Versus

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1 - State of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G.

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2 - Secretary/labour Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G.

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3 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G.

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4 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G. 5 - State Of Chhattisgarh Through Secretary, School Education Department, Indravati Bhawan, Atal Nagar, Nawa Raipur, C.G. 6 - State Of Chhattisgarh, Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G. 7 - Directorate General Of Police Raipur, District Raipur, C.G. 8 - Collector Bilaspur, District Bilaspur, C.G. 9 - Superintendent Of Police Bilaspur, District Bilaspur, C.G. 10 - Commissioner Municipal Corporation Bilaspur, C.G. 11 - Chief Medical And Health Officer Bilaspur, District Bilaspur, C.G. 12 - District Education Officer, Bilaspur District Bilaspur, C.G. 13 - Block Education Officer, Bilha, District Bilaspur, C.G.

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... Respondent(s)

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For State : Shri Shashank Thakur, Additional Advocate General. For Respondent No.10 : Shri R.S. Marhas, Sr. Advocate with Ms. Manisha Tandon, Advocate.

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Hon'ble Shri Justice Ramesh Sinha, CJ

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

20.07.2026

Per, Ramesh Sinha, CJ.

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1 Suo motu cognizance was taken by this court by way of present Public Interest Litigation on the basis of news item published in English News Paper The Hitavada, dated 15.11.2024, with a heading “Tobacco products continue to be sold freely despite implementation of COPTA”.

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2 As per aforesaid news, the tobacco products were being sold freely in and around the Railway area particularly near the school situated near Railway School which was causing addition in children and youth despite Cigarette or other Tobacco Products (Prohibition and Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (in short, COPTA) being in force.

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3 Taking suo motu cognizance on the aforesaid issues, the Chief Secretary of the State as well as Commissioner, Municipal Corporation, Bilaspur were directed by this court on 18.11.2024 to file their personal affidavit in the matter regarding the steps taken for effective implementation of COPTA. Again on 05.12.2024, 27.01.2025, 07.04.2025 and 02.09.2025 the Commissioner, Municipal Corporation, Bilaspur was directed to file affidavit regarding steps taken in the matter. On 29.07.2025, the Secretary, School Education Department was also directed to ensure the schools are safe and all basic amenities are provided in the school for safety of children.

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4 In response to said orders, certain affidavits were filed by the Chief Secretary, State of Chhattisgarh, Commissioner Municipal Corporation Bilaspur as also by the Secretary School Education Department. By way of said affidavits, it has been informed that regular monitoring is being done by the State authorities for proper implementation of

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COPTA in its letter and spirit and action including penalties have been imposed on the hawkers/shopkeepers who were selling such articles near School premises. It is also informed that meeting of District Level Coordination Committee under the National Tobacco Control Programme was held on 30.09.2025 by which various action were proposed to be taken. On 09.01.2026 and 05.05.2026 the authorities have informed that no new incident regarding selling of tobacco products openly near school area is reported.

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5 Thus, in view of the aforesaid submissions made by the respondent authorities, the present Public Interest Litigation is disposed of with the hope and trust that the respondents shall take all precautions with respect to issues raised in the present PIL.

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Sd/Sd/(Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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inder

In the Matter of Suo Moto Public Interest Litigattion, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

In the Matter of Suo Moto Public Interest Litigattion, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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