Bombay High Court Allows Tobacco-Free Hookah In Restaurants And Cafes

The Bombay High Court has allowed herbal hookah and / or tobacco free hookah at restaurants and cafes.

The Court was considering a Petition to restrict authorities from conducting illegal and unlawful raids and threats and comply with court's order in Munib Birya & Ors. V/s. State of Maharashtra & Ors. passed on 22nd August, 2019

The Division Bench of Justice RI Chagla and Justice Farhan P. Dubash observed, "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. The Respondents shall strictly act under the provisions of COTPA. 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."

The Petitioners were represented by Senior Advocate Zubin Bheramkamdin, while the Respondent was represented by Government Pleader P.H. Kantharia.

The Court directed the authorities to act in conformity with the Cigarettes and other Tobacco Products Act, 2003 (COTPA) and in particular the amendment in the year 2018 by which in Section 3 of the said Act, after clause (e), Clause (ee) is inserted which provides that “hookah bar” means an establishment where people gather to smoke tobacco from a community hookah or narghile which is provided individually. 

It clarified that the Petitioners are not prohibited from running a business of restaurant or serving hookah, which, according to the Petitioners, do not contain tobacco or nicotine. 

"In the event, if there is any infraction of the provision of 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", the Court ruled.

The Petition was accordingly disposed of.

Cause Title: Munib Birya & Ors. v. The State of Maharashtra & Ors. (2025:BHC-OS:19161-DB)

Appearances:

Petitioners- Senior Advocate Zubin Bheramkamdin, Advocates Meiron Damania, Rajendra Rathod, Shabana Shah, Sohail A, Ali Bubere, Mujtaba S, Umar Dalvi, Abdullah M., Muddasir A, Zeeshan S., Bilal M and Dhruv B. Jain

Respondents- Government Pleader P.H. Kantharia, Additional Government Pleader Jyoti Chavan

Click here to read/ download Order