THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.C. BHANU DATED: 02-08-2010 WRIT PETITION No. 24954 OF 2009 Between: Vudataneni Rama Rao ..... APPELLANT AND The State of Andhra Pradesh, rep., by its Chief Secretary for GAD, Secretariat, Hyderabad and another .....RESPONDENTS THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 24954 OF 2009 JUDGMENT: (per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition in the form of public interest litigation is filed by a public spirited advocate for issuance of a mandamus to the respondents for implementation of prohibition of smoking in public places as per the Prohibition of Smoking in Public Places Rules, 2008 (for short ‘the Rules’). According to the petitioner, even though the Rules have been framed and the State is under obligation under Article 48-A of the Constitution of India to protect and improve the environment, it is not implementing the Rules in its vigour and depriving the citizens of their right to life under Article 21 of the Constitution of India. Therefore, necessary directions should be issued to the respondents for implementation of the Rules by prohibiting smoking in public places. A counter affidavit is filed by the Director General of Police, Andhra Pradesh, the 2nd respondent herein stating that the officials concerned have already taken complete steps to enforce the Cigarette and other Tobacco Products Act, 2003 (for short ‘the Act’). It is further stated that the law enforcing agency of respondent No.3 during the last three years have taken bold initiative and measures to combat the control measures of smoking by implementing the provisions of the Act and the Rules. It is stated that the 2nd respondent issued Circular Memo No. 745/C19-1/C30/CID/07, dated 22-09-2008 to all Superintendents of Police, Range DIGs and other concerned heads of State to give suitable instructions for effective implementation of the provisions of the Rules and proforma challans and model display boards consisting of warnings and related penal provisions meant for display in different institutions and public places were also circulated to the Government Departments to see that warning boards are displayed at all public places. In addition to the same, sample printed challan books were supplied to the units for imposition of fine to the violaters. Annual statements showing the details of registered cases in different categories during the years 2007, 2008, 2009 and 2010 (up to May, 2010) have been enclosed as annexure - IV to the counter affidavit. As per the statements, penalty on violaters of first time offence for the year 2007 comes to Rs.41,200/-; for the year 2008 it comes to Rs.33,250/- and for penalty on violaters for the second time and subsequent offence comes to Rs.1,64,700/-. Similarly, Rs.1,69,860/- and Rs.48,400/- was collected for the year 2009 towards penalty on violaters of first time offence and penalty on violaters for the second time and subsequent offence respectively and Rs.22,150 and Rs.1,400 respectively for the year 2010 till the date of filing of the counter affidavit. From the above, it is clear that necessary steps have been taken to curb smoking at public places in implementation of the Rules. In view of the same, no further adjudication is called for in the writ petition and it is accordingly dismissed. A. GOPAL REDDY, J K.C. BHANU, J 02-08-2010 ks