Herbal or Tobacco-Free Hookah Permitted: Bombay High Court Reaffirms 2019 Ruling

Bombay High Court Reaffirms Permission for Herbal Hookah

Mumbai: The Bombay High Court has once again clarified that selling or serving herbal or tobacco-free hookah is not prohibited under law, as long as it does not violate the provisions of the Cigarettes and Other Tobacco Products Act (COTPA).

Reiterating its 2019 judgment, the Court stated that action should not be taken against establishments offering tobacco-free hookah services in compliance with the law. However, the government has been directed to strictly act against those violating tobacco laws.

Court’s Observation

A bench of Justice Riyaz Chagla and Justice Farhan Dubash noted that if petitioners are not selling or serving any banned substances, then no coercive action should be taken against them.
The Court also instructed authorities to circulate the order to all relevant enforcement officials.

At the same time, the bench clarified that if any restaurant or café claims to serve “herbal hookah” but is actually providing tobacco-based hookah, the authorities have the right to take strict legal action.

Background of the Case

Several restaurant owners had approached the High Court seeking protection from alleged harassment and raids by police, claiming that they only served herbal hookah.

They argued that despite the 2019 High Court ruling permitting herbal hookah, police officers continued to conduct raids, resulting in financial losses and disruption of business.

In response, the Court reaffirmed that hookah without tobacco or nicotine is not prohibited, provided it complies with the law.

The bench also took note of the State Government’s affidavit and emphasized that only police officers of the rank of Assistant Police Inspector (API) or above are authorized to initiate action under relevant legal provisions.

Government Circular and Legal Context

Earlier, on June 6, 2025, the Maharashtra Home Department issued a circular directing strict action against illegal hookah parlours, warning that officers failing to act would be held accountable.

Following this, petitioners approached the High Court in August 2025, requesting that the circular not be applied to herbal hookah establishments.