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Bombay High Court Limits Hookah Raids, Reaffirms Herbal Hookah Is Lawful

Searches now hinge on complaints with enforcement restricted to Assistant Police Inspectors or above.

Overview

  • A division bench of Justices Riyaz Chagla and Farhan Dubash disposed of petitions from Mumbai restaurateurs and took the state’s affidavits on record.
  • Authorities may inspect only upon receiving a complaint and can proceed against a parlour only if tobacco is found.
  • Restaurants are not barred from serving hookah that contains no tobacco or nicotine as long as they comply with COTPA.
  • The court directed Maharashtra to act strictly under COTPA and to circulate the order to all concerned authorities.
  • The bench noted that any discovery of drugs or narcotics would trigger action under relevant laws, following disputes that arose after a June 6 Home Department circular.