KATHMANDU, Dec 15: The Patan High Court has issued an interim order preventing the implementation of Kathmandu Metropolitan City's (KMC) decision to prohibit the sale and distribution of tobacco products.
In a case filed by Shree Ram Tobacco Udhyog, the High Court's bench of Judges Janak Pandey and Brajesh Pyakurel issued the interim order, instructing that KMC's decision, passed on November 28, not be implemented until the final decision of the case is reached.
Sale of tobacco products banned in Biratnagar
KMC had imposed a ban on the sale and distribution of tobacco products and prohibited the retail sale of cigarettes, also imposing a fine of Rs 100 for smoking within 100 meters of public places.
However, the industry that filed a lawsuit in court argued that the government, in the fiscal year 2023/24 budget, announced plans to implement policy reforms for the arrangement of packaging for biodegradable organic products from April 13, 2024. They claimed to have made additional investments and preparations in accordance with this policy.
The bench is of the opinion that KMC's decision to impose a complete ban based on the Public Health Act, especially on industries operating responsibly, paying taxes, and generating revenue, may have adverse effects on the industrial system and cause irreparable damage.
