Bombay High Court Allows Herbal, Tobacco-Free Hookahs in Mumbai Restaurants
Mumbai: In a significant relief for Mumbai’s hospitality industry, the Bombay High Court has allowed the sale and service of herbal or tobacco-free hookahs in restaurants across the city. The ruling came after a plea by 12 hookah bar owners who sought protection from police raids and shutdown threats despite using non-tobacco products.
A division bench comprising Justices Riyaz Chagla and Farhan Dubash ruled that as long as no provisions of the Cigarettes and Other Tobacco Products Act (COTPA), 2003 are violated, establishments are permitted to operate herbal hookah services.
“The authorities are free to conduct searches if any complaint is received. If a tobacco or nicotine substance is found in the hookah parlour, they can take action against those persons,” the bench observed during Wednesday’s hearing.
The court also made it clear that any establishment found serving drugs or narcotic substances would face strict legal action under relevant laws.
The decision is seen as a welcome clarification for restaurant owners, many of whom had switched to herbal hookahs after tobacco-based variants were banned. Industry representatives say the ruling provides much-needed regulatory clarity while maintaining public health safeguards.
This judgment is expected to influence how local authorities regulate hookah lounges and similar establishments in the city going forward.
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