The Madras High Court has raised concerns over the widespread use of the banned smokeless tobacco product, 'Cool Lip,' among school students in Tamil Nadu.

The Court took note of the issue during the hearing of a bail plea by a man arrested for possessing several packets of the illegal product.

The Single-Judge Bench of Justice D Bharatha Chakravarthy of the Madurai Bench, noted, "Video footages show the school children using this cool lips product are behaving indifferently in the class by keeping this product between the cheek and and gum and also hitting each other. Repeated incidents were brought to the notice of this court that they are misbehaving and they are sitting in a dazed condition in the classroom. The teachers are finding it extremely difficult. The parents are unable to find out. Tobacco itself is unsafe."

Highlighting that it could lead to cancer, the Court stated that the authorities of Tamil Nadu believe it is an unsafe food. The Court emphasized the dangers posed by the banned product, noting its potential to lead children towards more harmful substances such as cannabis and narcotics. Although the product is banned in Tamil Nadu, its production in other states has made it difficult for local authorities to prevent smuggling.

"More importantly, this pushes the school children towards the habit of going further for ganja and other narcotic substances once they become immune to the nicotine induced addiction... even though the Government of Tamil Nadu has taken due care to ban the product inside the state of Tamil Nadu, it is produced, manufactured and sold in the other states. On account of which, in spite of the best efforts of the Tamil Nadu Police and also the officials under the Food Safety and Standards Act, 2006, huge quantity is being smuggled into the state of Tamil Nadu and is being sold. It is impossible to totally curtail the pilferage," the Court said.

While granting bail to the accused, Aunestraja, the Bench noted the alarming increase in cases involving the seizure of Cool Lip products and videos showing school children consuming them. The Court observed that students using the product exhibited erratic behavior in classrooms, raising concerns about the long-term effects of nicotine addiction.

"Considering the fact that the case is kept for a longer date for hearing and considering the fact that the petitioner is arrested and is in custody from 25/8/2024, I am of the view that interim bail can be granted to the petitioner until further orders. Accordingly, the petitioner is ordered to be released on interim bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi," the Court ordered.

In response, the Court took suo motu action, impleading the Union Ministry of Health and Family Welfare and Tamil Nadu’s Education Department to address the issue. The Court directed representatives of both authorities to appear for further inquiry on September 20, 2024.

"This Court is of the opinion that this matter has to be enquired in detail. Only after detailed enquiry, the question of grant of bail to this kind of Interstate sellers can be finally determined. In view thereof the Union of India, the Ministry of Health & Family Welfare, Room No. 201-D, Nirman Bhawan, New Delhi – 110011 and the Secretary to Government,School EducationDepartment, Secretariat, Chennai - 600009 and the Commissioner of Food Safety and Drug Administration in Tamil Nadu, No.359 Anna Salai, Teynampet, Chennai 600009 are suo-motu impleaded as respondents 2 to 4 in this case. For their appearance and for further enquiry call the matter on 20/09/2024," the Court said.

Cause Title: Aunestraja vs The State of Tamil Nadu [CRL OP(MD) No.14942 of 2024]

Appearance:-

Petitioner: Advocate D Venkatesh

Respondent: Additional Public Prosecutor (APP) RM Anbunithi

Click here to read/download the Order


Justice D Bharatha ChakravarthyMadras High Court

Sukriti Mishra