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Draconian no more

January 20, 2012
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The much awaited Tobacco (Amendment) Bill has been passed by the parliament this afternoon. The bill drew prolonged and heated debate in both houses of the parliament.

It was introduced as an urgent bill meaning that it must be passed in this session of the parliament which concludes tomorrow.

The amended bill does not allow people to buy or sell tobacco products in the country but doing so will not necessarily result in a three year jail term as it did in the past.

Consumers may also bring a permissible amount of tobacco products after paying tax.

The permissible quantity which has also been increased has been set at 300 sticks of cigarettes, 400 sticks of bidis, 50 pieces of cigars, or 150 grams of other tobacco products.

Being found in possession or transporting tobacco products will also not result in a jail term if the quantity is within four times the permissible amount.

If a person is caught with the permissible amount of tobacco products but without proof of tax and duty payment, he or she will be fined. The amount of the fine will be set by the tobacco control board.

If they are found in possession of more than the permissible amount but less than three times the permissible quantity, they would be guilty of a petty misdemeanour.

Petty misdemeanour will result in one month to one year imprisonment. The guilty may pay a fine in lieu of the prison sentence.

If they are found in possession of more than three times the permissible amount but less than or equal to four times the permissible quantity, they would have committed a misdemeanour.

Misdemeanour will result in a one to three years imprisonment. It is a bailable sentence, which means, they can pay a fine in lieu of the prison sentence.

And if they are found with more than four times the permissible quantity, it will be considered a felony of the fourth degree and they can be jailed for three to five years.

Felony of the fourth degree is non-bail and those who are guilty will have to serve the sentence in jail

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