Bombay High Court Permits Serving of Tobacco-Free Hookah in Restaurants

The Bombay High Court ruled that restaurants and cafés may serve hookah, provided it contains no tobacco or nicotine. The Bench clarified that herbal or tobacco-free hookah is permissible if establishments comply with the Cigarettes and Other Tobacco Products Act, 2023.

The Court directed that enforcement action may be taken only when prohibited substances are used and solely by officers of at least Assistant Police Inspector rank.

The clarification followed complaints by restaurant owners alleging police harassment despite serving only tobacco-free hookah.

[Munib Birya v State of Maharashtra]