The flow of banned tobacco products into the city from other States is continuing unabated with the seizure of contraband worth over ₹1.50 lakh by the Central Police recently being the latest.
Excise officials cited the rather lenient provisions of the Cigarettes and Other Tobacco Products Act (COTPA) invoked in the case of smuggling of tobacco products being the core reason for the thriving illegal trade targeted mainly at the heavy migrant population in Ernakulam.
“No matter how big the haul is, the carrier can walk free on paying just ₹200 under COTPA draining out any incentive for strict enforcement,” said Excise intelligence sources.
The police, however, have more teeth in comparison as they can invoke Section 118 (i) of the Kerala Police Act that covers the sale of intoxicating substances to those aged below 18 years or near school premises, which entails imprisonment for a term which may extend to three years or fine not exceeding ₹10,000 or both.
However, hardly has anyone been sentenced to imprisonment, and punishment is, more often than not, restricted to fines. In cases where the police submit before the court that the whereabouts of the accused are not known, and that there are chances of them absconding, the court may be inclined to remand them.
Excise officials said banned tobacco products were mostly smuggled in from Tamil Nadu and Bengaluru on buses, lorries transporting vegetables, and even in private cars now with vehicle checking at checkposts relatively slack.
“Even criminals with past record in spirit smuggling have turned to the lucrative trade with an assured profit margin which may go up as high as 300% at relatively low risk.
Even if one or two consignments get caught it hardly dents the profit significantly,” officials said.
Agents from outside the State even help set up tobacco manufacturing units which can be purchased at as little as ₹2 to ₹3 lakh. However, that has not succeeded to a great extent as the quality often takes a hit if producers fail to find the right mix, officials said.
Moreover, the disposal of piled-up stock of seized tobacco products poses a major headache to enforcement agencies. Excise officials said the stock is either set ablaze or buried along with the plastic packing at grave environmental risk.