Mumbai: Bombay High Court Clears Sale of Herbal Hookah in Restaurants
Mumbai, 17th October 2025: The Bombay High Court has allowed the sale of herbal hookah in restaurants, granting relief to owners of sheesha bars who faced repeated police raids despite operating legally. The decision came in response to a petition filed by 12 restaurant owners seeking clarity and protection for serving hookah without tobacco or nicotine.
The court observed that the petitioners are “not prohibited” from running a restaurant or offering hookah that does not contain any banned substances. It referred to the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), as amended in 2018, which defines a “hookah bar” as an establishment where individuals smoke tobacco from a communal hookah.
The bench, comprising Justices Riyaz Chagla and Farhan Dubash, stated, “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.”
However, the court emphasized that law enforcement agencies must ensure compliance with the act. “If there is any infraction, a police officer, not below the rank of assistant inspector, is empowered to take legal action,” the judges added.
After hearing submissions from government pleader Purnima Kantharia and additional government pleader Jyoti Chavan, the court disposed of the petition, directing police authorities to adhere strictly to the law.
