Delhi High Court keeps alive challenge to COTPA prosecution over 2018 diary entry
Delhi police filed a diary report in 2018 against two persons under tobacco-advertising provisions. The trial court took cognizance and framed notice in the Rohini court case. The Delhi High Court issued notice on their quashing plea and listed it for hearing.
This page records what the cited court records say happened. Findings belong to the court or authority that made them; this register adds none of its own. Names of private individuals are withheld unless a naming gate clears them.
How we verify →Prosecution pending; quashing plea awaiting hearing after notice.
What happened
The High Court recorded that the plea challenged the diary report and later steps in the Rohini trial court case. The Court described the report as a police kalandara under tobacco-control provisions.
Police said the case rested on the diary report dated July 2018 from Subhash Place police station. The trial court took cognizance in July 2018 and framed notice in November 2018.
The petitioners contended through counsel that police officers lacked authorisation to file a kalandara under the tobacco Act. The Court did not decide that contention at this stage.
The High Court issued notice to the state, with state counsel accepting notice and seeking time for reply. The Court listed the matter with another petition on 19.08.2025.
What the record says
“being Daily Diary No. 31-B, dated July 01, 2018, filed by the P.S. Subhash Place”
[name withheld] & Anr vs State Of NCT Of Delhi, Delhi High Court order dated 28.05.2025 in CRL.M.C. 3893/2025 — read the full text
No complaining victim
The prosecution is for alleged tobacco advertising or trade-form violations with no complaining victim, violence, fraud or other harm alleged.
What we could not confirm
Order excerpt gives no product-level facts beyond the COTPA sections and procedural history; whether section 7 related to minors or packaging could not be confirmed from the excerpt.