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Landlord harassing my taking pictures & complaining to police
08-Jan-2023 (In Landlord/Tenant Law)
I stay in a pagdi system house in Mumbai. I have a personal terrace which is used as a leisure space. Recently i had a small gathering of friends & we were having drinks and sheesha on the terrace. My landlord (since its a pagdi system) took photos of us having drinks & sheesha & complained to the police. The police called us to the station the next day & warned us that it is illegal to have sheesha in personal space too. I argued with them to prove it is illegal or tell me the sections where it is mentioned, but they did not listen.
My question is, even though it is ilegal to serve sheehsas in Maharashtra now by restaurants & parlours, is it illegal to have it at my personal residence too. Also, if it is illegal to consume sheesha, why are the sheesha shops selling the same & other ancillory stuff regarding the same.
This is my response to you:
1. The fact that you are in possession of the sheesha means the sale that was done to you was illegal;
2. Possessing the same amounts to illegal possession by you;
3. The police have authority to seize the same and even impose fine or jail term;
4. This is as per the provisions of the 12, 13 of the Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003 as well as per the amendment of the Maharashtra government;
5. Also the police have powers under CRPC;
6. There is offence under IPC as well;
7. Consult a local lawyer with full facts and then obtain an informed opinion.
1. The fact that you are in possession of the sheesha means the sale that was done to you was illegal;
2. Possessing the same amounts to illegal possession by you;
3. The police have authority to seize the same and even impose fine or jail term;
4. This is as per the provisions of the 12, 13 of the Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003 as well as per the amendment of the Maharashtra government;
5. Also the police have powers under CRPC;
6. There is offence under IPC as well;
7. Consult a local lawyer with full facts and then obtain an informed opinion.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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