The Bombay High Court has reiterated that serving herbal or tobacco-free hookahs is permissible, provided there is no violation of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA). Reaffirming its 2019 order, the court warned the Maharashtra government against arbitrary police action and directed that authorities must act strictly as per law.
A division bench of Justices Riyaz Chagla and Farhan Dubash stated that authorities can conduct searches only if a complaint is received. “If any tobacco substance is found in the hookah parlour, then they can take action against those persons,” the bench observed.
The court disposed of a series of petitions filed by restaurant owners who alleged that police continued to raid establishments serving herbal hookahs, despite the 2019 ruling. The petitioners said the raids were causing financial losses and disruptions to their businesses.
“The petitioners are not prohibited from running restaurants or serving hookah that does not contain tobacco or nicotine,” the bench clarified, adding that authorities “shall strictly act under the provisions of COTPA.”
The court took note of the state government’s affidavit and emphasized that only police officers of the rank of Assistant Police Inspector or above are authorized to take action under COTPA. It further stated that any parlour found serving drugs or narcotics will face action under relevant laws.
The petitioners, represented by advocates Rajendra Rathod and Dhruv B. Jain, had approached the court after the state home department issued a circular on June 6, 2025, calling for strict action against illegal hookah parlours. They argued that the directive should not apply to businesses serving only herbal hookahs.
Concluding the matter, the bench said, “As long as the petitioners comply with COTPA and do not serve any prohibited substance, no action can be taken against them,” and directed the state to circulate the order to all concerned authorities.
