In a clear ruling that could impact several restaurants and lounges across Maharashtra, the Bombay High Court has said that establishments serving herbal or tobacco-free hookah cannot be harassed by police, provided they comply with existing tobacco laws. The order came from a bench of Justice R.I. Chagla and Justice Farhan P. Dubash while hearing a plea filed by restaurateur Munib Birya and others.
Background
The petitioners had approached the court seeking protection from what they described as “illegal raids and threats” by local police on their establishments. They argued that they were serving only herbal hookah free from tobacco and nicotine and thus were not violating the Cigarettes and Other Tobacco Products Act, 2003 (COTPA).
The case traces its roots back to a 2019 Bombay High Court order, which had permitted hookah bars to operate as long as they did not serve tobacco-based products. Despite that order, the petitioners alleged continued interference by authorities.
During the hearing, Senior Advocate Zubin Bheramkamdin, appearing for the petitioners, submitted that the police were “misinterpreting” the law and shutting down herbal hookah lounges under the guise of tobacco enforcement.
Court’s Observations
After hearing both sides and examining the 2019 ruling, the bench reaffirmed that the provisions of COTPA apply only to establishments serving tobacco or nicotine-based products. It also referred to the 2018 amendment to Section 3 of the Act, which defines a hookah bar as a place where people smoke tobacco through a community hookah or narghile.
“The petitioners are not prohibited from running a restaurant or serving hookah which does not contain tobacco or nicotine,” the court noted.
However, the bench made it equally clear that the protection is not blanket. “If there is any infraction of the COTPA provisions, a police officer not below the rank of Assistant Police Inspector is empowered to take legal action,” the judges said.
The bench emphasized that any police action must strictly adhere to the law and cannot be based on mere suspicion. “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 order read.
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Decision
With these observations, the High Court disposed of the writ petition, directing the police and all concerned authorities to act strictly under COTPA provisions. The government pleader was instructed to communicate the order to enforcement officers to prevent unnecessary harassment of lawful businesses.
The ruling effectively reaffirms the legal distinction between tobacco-based and herbal hookah operations, bringing much-needed clarity to an issue that has long been contentious among restaurateurs and enforcement agencies in Maharashtra.
Case Title: Munib Birya & Ors. vs. State of Maharashtra & Ors.
Case Type: Writ Petition (L) No. 18893 of 2025
Court: Bombay High Court
Bench: Justice R.I. Chagla and Justice Farhan P. Dubash
Date of Judgment: October 14, 2025
