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On 06.07.2019 the petitioners issued notice by the Drug Inspector (Greater Mumbai), Food and Drugs Administration, M.S., Mumbai pursuant to an inspection of the stock and it is the contention of the petitioners that the stock inspected was in form of e-Cigarettes and it was covered by the order dated 18.03.2019 passed by the Delhi High Court in WP(C) No.2688 of 2019, WP(C) No.2351 of 2019 and WP (C) No. 2735 of 2019. Through a detailed order the learned Single Judge of the Delhi High Court has stayed the impugned circular issued by the respondent no.1.
Mr. Desai, learned counsel for the petitioners submitted that the petitioners are entitled for the similar reliefs and the stock which has been seized by the respondents needs to be released.
The Delhi HC held that e-cigarettes or ENDS are not drugs and do not come within the definition of ‘Drug’ under the Drug and Cosmetics Act. Thus, the High Courts or States do not have jurisdiction over e-cigarettes as they are not drugs.
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