The High Court has ordered the government not to obstruct the import and sale of electronic cigarettes (vapes), effectively halting the Health Ministry’s move to ban them.
The government will no longer be able to impose a ban on the import, sale, and distribution of electronic cigarettes (vapes), following a recent order issued by the High Court. The decision comes in response to a writ petition filed by Vapemandu Traders, challenging restrictions enforced by several government agencies, including the Ministry of Health, Ministry of Communication and Information Technology, Ministry of Finance, Department of Customs, and Department of Commerce.
The joint bench of Justices Kavi Prasad Neupane and Hemanta Rawal has instructed the government not to obstruct vape-related imports and sales. This interim order allows for the continuation of business activities concerning vapes while legal proceedings are ongoing.
The move to ban vapes had been initiated by the National Health Education, Information and Communication Centre under the Ministry of Health. The center had issued circulars to multiple government departments, citing Rule 28(3) of the Tobacco Control and Regulation Directive, 2071, which prohibits the production, import, sale, distribution, consumption in public spaces and transport, and advertisement of electronic cigarettes
Despite these efforts, the High Court’s ruling overrules the circulars, stating that such restrictions cannot be enforced unless formally legislated. The court’s decision provides temporary relief to traders and importers facing customs clearance issues, particularly at border points.
The Department of Commerce, which is responsible for issuing import-export licenses, had remained silent throughout the process, while the Department of Customs had blocked vape shipments based on the Health Ministry’s communications. This led to a rise in illegal imports and smuggling, especially through border points like Rasuwa, Tatopani, and Korala in Mustang.
In Poush, police seized 19,000 vape units in Mustang and 86,000 units worth around NPR 25 crore from a warehouse in Imadol. Despite concerns over growing vape addiction in Nepal, the product also contributed over NPR 23 crore in tax revenue during the last fiscal year.
This article was originally published on bajarkochirfar.com. Translated with the help of AI and reviewed by our editorial team.
