The Bombay High Court has clarified that restaurants and establishments serving herbal or tobacco-free hookah cannot be subjected to police raids or interference so long as they comply with the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).
A Division Bench comprising Justice R.I. Chagla and Justice Farhan P. Dubash, disposed of the writ petition seeking enforcement of an earlier High Court order dated August 22, 2019, that permitted the service of tobacco-free or herbal hookah in restaurants.
The petitioners alleged that despite the earlier directions, police authorities continued to conduct illegal raids and issue threats, disrupting lawful business operations. The State, represented by Government Pleader P.H. Kantharia, filed affidavits clarifying enforcement actions and assured adherence to statutory norms.
The Court reaffirmed that while tobacco and nicotine-based hookahs remain prohibited under the 2018 amendment to COTPA, herbal or nicotine-free variants are not barred by law. It directed authorities to strictly comply with COTPA provisions and warned that any action beyond its ambit would be unlawful.
At the same time, the Bench empowered police officers not below the rank of Assistant Police Inspector to take legal action if any establishment is found using prohibited substances, narcotics, or tobacco-based products.
Emphasizing regulatory balance, the Court held that “as long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substance, no action can be taken against them.” The petition was accordingly disposed of, with directions to the Government Pleader to circulate the order to all authorities concerned for uniform enforcement.
Appearances:
Mr. Zubin Bheramkamdin, Senior Counsel, Mr. Meiron Damania, Mr. Rajendra Rathod, Ms. Shabana Shah, Mr. Sohail A, Ali Bubere, Mr. Mujtaba S, Mr. Umar Dalvi, Mr. Abdullah M., Mr. Muddasir A, Mr. Zeeshan S., Mr. Bilal M and Mr. Dhruv B. Jain for the Petitioners.
Ms. P.H. Kantharia, Govt. Pleader with Ms. Jyoti Chavan, Addl. G.P. for Respondent Nos.1 to 4.
Mr. Bajrang Bansode, DCP, Crime Branch Mumbai is present.
Mr. Ninad Sawant, ACP, Crime Branch, Mumbai is present.
Mr. Jadhav, API, Crime Branch, Mumbai is present.
Mr. S.S. Sahastrabudhe, Dy.SP (DG Office) is present.
Mr. Sandeep Nigade, PI, (Navi Mumbai) is present.
