No confiscation of legally imported vapes: High Court

The High Court today directed the government not to confiscate or seize vapes lawfully imported by 41 businessmen in Bangladesh.

The court also issued a rule asking authorities to explain why Section 6(Ga) of the Smoking and Tobacco Products Usage (Control) Act, 2005, which restricts use and consumption of Electronic Nicotine Delivery Systems (ENDS), should not be declared unconstitutional and void.

The order was passed by a bench comprising Justice Ahmed Sohel and Justice Fatema Anwar, following a writ petition filed by 41 businessmen including Masud Uz Zaman, managing director of Vapor Cloud Ltd.

Section 6(Ga) prohibits the manufacture, import, export, storage, advertisement, promotion, distribution, sale, or transport of vapes, e‑cigarettes, heated tobacco products, and related devices.

Petitioners’ lawyer Barrister Shanjid Siddique argued that the provision is discriminatory, as it bans vapes, recognised globally as a harm‑reduction alternative, while allowing the manufacture and sale of traditional cigarettes, a major cause of cancer.

He said this violates the equality clause under Article 27 of the Constitution.

Senior Advocate Ahsanul Karim and Barrister Shanjid Siddique represented the petitioners, while Deputy Attorney General Khan Ziaur Rahman appeared for the state.