The Bombay High Court (HC) has clarified that serving herbal or tobacco-free hookahs is permissible, allowing a plea by 12 owners of hookah bars to operate their businesses without constant police raids and threats of shutdown when they broke no law.
However, there must be no violation of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA).
The court reiterated its 2019 order allowing herbal hookahs and directed the state to act strictly in accordance with the law.
The restaurant owners had moved the Bombay HC against visits by police officers without notice, who they said threatened to shut down their businesses, asking them to stop serving herbal hookah.
The petitioners include owners and operators of Ustaadi at Crawford Market, The Nest in Bandra, Rustico in Fort, and Faham restaurant in Kala Ghoda, among others.
A bench of Justices Riyaz Chagla and Farhan Dubash, on Wednesday, October 15, said the authorities can conduct searches if any complaint is received. “If any tobacco or nicotine substance is found in the hookah parlour, then they can take action against those persons,” the bench observed.
It further noted that if hookah parlours are found serving any drug or narcotic substance, appropriate action may be taken under relevant laws.
The bench said, in the event, if there is any infraction of provision of the COPTA, a police officer, not below the rank of the assistant police inspector, is empowered to take legal action for the infringement of the conditions under the Act. Moreover, the said officer can take action on the hookah parlours where drugs or narcotics are provided and consumed, which falls under the purview of the police department.
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