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Delhi High Court - Orders

Sutirtha Dutta vs Bureau Of Civil Aviation Security on 24 August, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 5485/2022, CM APPL. 16340/2022 (Interim Relief)
                                SUTIRTHA DUTTA                                     ..... Petitioner
                                             Through:            Dr. Farrukh Khan and Mr. Baasir
                                                                 Aziz, Advs.

                                                    versus

                                BUREAU OF CIVIL AVIATION SECURITY       ..... Respondent
                                             Through: Ms. Anjana Gosain, Ms. Shalini Nair,
                                                       Ms. Ritika Khanagwal and Ms.
                                                       Dipika Sharma, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE YASHWANT VARMA
                                                    ORDER

% 24.08.2022 Notice. Pursuant to the last order passed, Ms. Gosain has placed for the perusal of the Court AVSEC Order No. 2/2022 on the basis of which it is contended that e-cigarettes or any other form of Electronic Nicotine Delivery System was neither permitted nor allowed in either carry on or check-in baggage.

However, the Court notes that here the petitioner had undertaken travel prior to the issuance of the aforesaid order dated 04 March 2022. The AVSEC Order No. 05/2005 which held the field at the particular time only restrained the manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in aerodromes / aircrafts. It is in the aforesaid backdrop that learned counsel for the petitioner contends that the confiscation is illegal. Matter requires consideration.

Signature Not Verified Digitally Signed By:NEHA Signing Date:25.08.2022 17:55:54

Let the noticed respondents file their replies on or before the next date fixed.

List on 18.01.2023.

YASHWANT VARMA, J.

AUGUST 24, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:25.08.2022 17:55:54