Mumbai: The Bombay High Court has once again clarified that serving herbal or tobacco-free hookahs is permissible, provided there is 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.
Authorities Can Act Only If Tobacco Found
A bench of Justices Riyaz Chagla and Farhan Dubash, on Wednesday, said the authorities can conduct searches if any complaint is received. “If any tobacco substance is found in the hookah parlour, then they can take action against those persons,” the bench observed.
Petitioners’ Concerns About Police Raids Considered
The court disposed of a batch of petitions filed by restaurant owners that sought directions to the police to stop raids and threats against restaurants serving herbal hookahs.
Compliance With COTPA Remains Mandatory
The petitioners contended that despite the High Court’s 2019 ruling, police officials have been carrying out coercive actions, causing financial losses and disruption to their businesses.
“The petitioners are not prohibited from running a restaurant or serving hookah which, according to them, does not contain tobacco or nicotine,” the bench said, adding that the authorities “shall strictly act under the provisions of COTPA”.
State to Ensure Only Authorized Officers Take Action
The court took on record affidavits filed by the state government and clarified that only police officers of the rank of Assistant Police Inspector or above are empowered to take legal action under COTPA.
It further noted that if hookah parlours are found serving any drug or narcotic substance, appropriate action may be taken under relevant laws.
Petitioners’ Legal Representation and Government Circular
The petitioners had approached the court in August thorough advocates Rajendra Rathod and Dhruv B Jain after the state home department issued a circular on June 6, 2025, directing stringent action against illegal hookah parlours and warning that erring officers would be held accountable. They argued that the circular should not apply to establishments serving only herbal hookahs.
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Court Directions on Compliance and Communication
“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 bench concluded, disposing of the petitions and directing the state to communicate the order to all concerned authorities.
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