Bombay High Court allows restaurateur to serve herbal hookah at his outlet

Bombay High Court on Monday permitted a city-based restaurateur to serve herbal hookah, purportedly tobacco-free, at his roof-top restaurant after petitioner argued that provisions of an amended act cant be applied to product.

A division bench of justices Ranjit More and Bharati Dangre allowed petition filed by restaurateur Ali Reza Abdi, seeking a declaration that provisions of Cigarettes and Or Tobacco Products Act (COTPA), 2003, are t applicable to tobacco-free hookah.

Abdi, in his petition, said authorities cant take coercive action against him if he starts serving herbal hookah at his roof-top restaurant "Sheesha Skylounge".

" high court is permitting petitioner to serve herbal hookah. If in future petitioner is found to be serving any tobacco product n authorities are free to take action as per law," bench said.

In his petition, Abdi h stated that he operated three outlets in Mumbai under brand name -- Sheesha Skylounge -- and employed more than 400 people.

"But for over a year w, outlets have been shut down after fire at two roof-top restaurants inside Kamla Mills compound on December 28, 2017, that resulted in loss of 14 lives," it stated.

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After fire incident, state government h amended COTPA and imposed a blanket ban on running hookah bars in any place.

amended law also laid down a punishment of imprisonment up to three years, making serving of hookah a cognisable offence.

Abdi's vocate Sujoy Kantawalla said on Monday that his client h submitted a number of representations to various authorities after amendment to COTPA, contending that tobacco-free herbal hookah was t covered under provisions of recent amendment and coercive action can be taken if nicotine-free herbal hookah is served at his chain.

"We submitted forensic science lab reports to show that herbal hookah has tobacco in it. We even asked Mumbai civic body and state government to conduct ir own tests on product," Kantawalla said.

petitioner h complained that cigarettes were allowed to be sold although it has been scientifically proven that smoking causes cancer, but he was being prevented from serving tobacco-free hookah at his food joints, he said.

Abdi told high court that he was put to financial hardship and was deprived of his fundamental constitutional right to do a business of his choice.

Kantawalla said a nicotine-free hookah contains harmless elements like glycerin and sugar. 

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