Source:-.hindustantimes.com<\/p>\n\n\n\n
The Bombay high court (HC) on Monday directed the state home department to clear its stance on herbal hookah, clarifying whether the purportedly tobacco-free product is prohibited or not.<\/p>\n\n\n\n
The direction came after architect-turned-restaurateur Ali Reza Abdi approached the HC, seeking a declaration that the provisions of the Cigarettes and Other Tobacco Products Act (COTPA), 2003, are not applicable to tobacco-free hookah and authorities cannot take coercive action against him, if he starts serving the \u201cherbal\u201d hookah at his roof-top restaurant \u2014\u201cSheesha Skylounge\u201d.<\/p>\n\n\n\n
He has complained that he was running three outlets in Mumbai under the brand name, in which more than 400 people had been employed. But for over a year now, the outlets have been shut down after the fire at two roof-top restaurants inside Kamla Mills compound on December 28, 2017, that resulted in the loss of 14 lives.<\/p>\n\n\n\n
After the incident, the state amended COTPA and imposed a blanket ban on running hookah bars in any place and also laid down a punishment of imprisonment up to three years, making serving of hookah a cognisable offence.<\/p>\n\n\n\n
Abdi further contended that after the amendment to COTPA, he had tendered a number of representations to various authorities, contending that tobacco-free herbal hookah was not covered under provisions of the recent amendment and no coercive action can be taken if nicotine-free herbal hookah is served at his chain. According to the petition, he was constrained to approach the court, as none of the authorities responded to his representations.<\/p>\n\n\n\n
Abdi complained that cigarettes are 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 and was thus put to financial hardship and deprived of his fundamental constitutional right to do a business of his choice.<\/p>\n\n\n\n
Abdi\u2019s counsel, advocate Sujay Kantawala pointed out that herbal hookah does not contain any tobacco product and the nicotine-free product contains harmless elements like glycerine and sugar.<\/p>\n