- By Deeksha Gour
- Sat, 18 Oct 2025 04:05 PM (IST)
- Source:JND
Mumbai News: The Bombay High Court has permitted restaurants in Mumbai to serve herbal hookah, ruling that such products are legal as long as they do not contain tobacco or nicotine. The order, passed on October 14, came as a relief to several restaurant owners who had complained about repeated police raids despite operating within the law.
Mumbai News: Court Clarifies Herbal Hookah Is Not Illegal
A bench comprising Justices Riyaz Chagla and Farhan Dubash said that there is no restriction on running a restaurant or serving hookah that is free from tobacco or nicotine. The judges made it clear that as long as the outlets comply with the Cigarettes and Other Tobacco Products Act (COTPA), 2003, authorities cannot take action against them.
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The court clarified that the 2018 amendment to COTPA defines a hookah bar as a place where tobacco-filled hookahs are served. Therefore, herbal hookahs, which do not contain any tobacco or nicotine, do not fall under this category. The bench stated that “as long as the petitioners comply with COTPA and avoid serving prohibited substances, no action can be taken against them.”
Mumbai Hookah News: Police Can Act Only On Violations
However, the court directed the state and police to act strictly under COTPA if violations are found. It said that officers of a rank not below Assistant Police Inspector can initiate legal proceedings if nicotine or drugs are found in any hookah bar.
Petition By Mumbai Restaurant Owners
The decision followed a petition filed in June by Munib Birya and 11 others, owners of restaurants such as Ustaadi in Crawford Market, The Nest in Bandra, Rustico in Fort and Faham in Kala Ghoda. The petitioners alleged harassment by police officials, who conducted surprise inspections and threatened to shut down their businesses despite serving only herbal hookah.
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The court referred to its 2019 order, which had earlier allowed the sale of herbal hookah and instructed police not to interfere when no nicotine was used. After hearing both sides, including government pleaders Purnima Kantharia and Jyoti Chavan, the bench disposed of the case by directing the authorities to follow the law and take action only when COTPA violations occur.
What Is Herbal Hookah
Herbal hookah is made using natural ingredients such as sugarcane pulp, tea leaves, or dried fruits mixed with molasses, glycerin and flavourings and contains no tobacco or nicotine.