E-cigarette smuggling case: Prince Paan owner moves Delhi High Court against arrest

Owner of popular Delhi paan shop 'Prince Paan', Yash Tekwani, has filed a plea before the Delhi High Court challenging proceedings initiated against him by customs officials over allegations that he was involved in smuggling illegal e-cigarettes into India [Yash Tekwani v. Directorate of Revenue Intelligence]. .Tekwani was arrested customs officials in August this year, but was later granted bail in October. He has now challenged the validity of his arrest and urged the Court to quash the customs proceedings against him. On Wednesday (December 11), Justice Dinesh Kumar Sharma issued notice and asked the Directorate of Revenue Intelligence (DRI) under the Customs Department (CBIC) to file its response to Tekwani's plea by January 21, 2025.The Court issued notice after hearing preliminary arguments by the paan shop owner's counsel, who argued that the customs authorities had no jurisdiction to initiate such proceedings, given that they are not authorised to do so under the Prohibition of Electronic Cigarettes Act, 2019..DRI officials had initiated proceedings against the Prince Paan's owner, Yash Tekwani for alleged violations under the Prohibition of Electronic Cigarettes Act, 2019. In August 2024, Tekwani was arrested after e-cigarettes/ electronic cigarattes/ vapes were seized from his shop.He was granted bail by a trial court in October. He then moved the High Court challenging the legality of his arrest. .Before the High Court, Tekwani has contended that Customs Officers under the DRI are not 'authorized officers' under the 2019 Act. Therefore, Tekwani's counsel has asserted that Tekwani's arrest in this case by the DRI is unlawful. He added that Section 14 of the Prohibition of Electronic Cigarettes Act lays down that the provisions of this legislation override other laws, including the Customs Act, 1962.Among other grounds, Tekwani also asserts that there was no recovery of e-cigarettes from his person, while Section 135 requires recovery of goods liable for confiscation from "any person" in order for the Customs Act to come into play. "Attributing the entire recovery to the Petitioner, despite the lack of direct recovery from his possession, and arresting him on this basis was therefore both unjustified and illegal," the plea said. He has, therefore, urged the Court to declare the arrest illegal and quash the ongoing customs proceedings against him. .Senior Advocate Vikas Pahwa and advocates Prabhav Ralli, Yuvraj Bansal, Annada Dubey, Devrat Arya, Namisha Jain, and Nancy Shamim represented Yash Tekwani..[Read Order]