No Action Can Be Taken Against Those Who Serve Herbal Or Tobacco-Free Hookah; Bombay HC Clarifies [Read Order]

The Bombay High Court has clarified that all licensed restaurants can serve herbal or tobacco-free hookah and no action will be taken against them by the police.

Division bench of Justice Ranjit More and Justice NJ Jamadar were hearing a bath of petitions filed by various restaurant owners who claimed to be harassed by police authorities for trying to serve herbal hookah at their place after the high court in July allowed Ali Abdi, owner of Sheesha Skylounge to serve herbal hookah at all his outlets.

In his petition before the Court, Abdi had argued that provisions of the Cigarettes and Other Tobacco Products Act (COTPA) will not be applicable to tobacco-free hookah or herbal hookah. Then, another bench headed by Justice Ranjit More had allowed the petition.

Advocates SP Joshi, Amogh Singh, DP Singh, Shubro Dey and Ajinkya Udane appeared on behalf of the petitioners. They argued that police prevented them from serving herbal hookah on the pretext that the said permission was granted to one restaurant owner only.

Court said-

"As long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substance in the hookah parlour then no action can be taken against them. However, it is made clear that if it is found that the petitioners are selling/using any substance prohibited under the COTPA then surely an action can be taken against them.

In case, there is any infraction of the provisions of the COTPA as amended in the year 2018, the police officer, not below the rank of the Assistant Police Inspector, is empowered to take legal action for the infringement of the conditions imposed under COTPA act as well as taking action on the hookah parlours where drugs/narcotics are provided and consumed which falls under the purview of Police Department." 

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