Mumbai restaurants not prohibited from serving herbal hookah: Bombay High Court

A Division Bench of Justices Riyaz I Chagla and Farhan P Dubash on October 14 passed the order on a plea by restaurant owners filed in July this year, which claimed that such actions were being taken despite the HC verdict of August 2019, which permitted restaurants to serve herbal hookah and the same was complied with by the owners.

The plea sought direction to the respondent authorities to forthwith stop their illegal and unlawful raids and threats on the petitioner’s restaurants.

Senior Advocate Zubin Bheramkamdin, along with advocates Rajendra Rathod and Dhruv Jain, argued that the actions of shutting down the service of herbal hookah at the petitioners’ restaurants were illegal and unlawful. They said such actions were being taken in accordance with the June 6, 2025, circular of the Maharashtra Home Department to police, which stipulated that if illegal hookah parlours are found at any location, the responsible police officers must be held accountable and strict action must be taken against them.

“These acts of illegally and unlawfully shutting down the service of herbal hookah at the petitioners’ restaurants and threatening to shut down the petitioners’ restaurants completely, are not only causing huge monetary losses to the petitioners but also directly affecting the earning capacity and livelihood of their employees,” the plea stated.

‘Follow COPTA’

After perusing submissions, the bench found it appropriate to dispose of the plea by directing the respondents to act in conformity with the Cigarettes and Other Tobacco Products Act (COTPA), and subsequent amendment of 2018, which provided that “hookah bar means an establishment where people gather to smoke tobacco from a community hookah or narghile which is provided individually.”

“The petitioners are not prohibited from running a business of a restaurant or serving hookah, which, according to the petitioners, does not contain tobacco or nicotine,” the bench noted.

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.

“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 bench noted.

Disposing of the plea, the bench said authorities “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.”