MUMBAI, Nov. 1 -- The Bombay High Court recently ruled that restaurants are permitted to serve hookahs that do not contain tobacco or nicotine, hearing a petition filed by a few restaurateurs earlier this year, seeking relief from constant police raids and threats to cancel their licence despite serving herbal hookahs. "As long as the petitioners comply with the provisions of the Tobacco and Other Products Act, 2003 (COTPA) and do not serve any prohibited substance in the hookah parlour, then no action can be taken against them", the court said. Herbal hookahs are the ones made using natural ingredients such as sugarcane pulp, tea leaves, or dried fruits mixed with molasses, natural flavourings and glycerin. These hookahs are nicotine and tobacco free, and hence, do not violate the rules stated in COPTA. The Division Bench of Justices RI Chagla and Farhan Dubash, during the hearing on October 14, highlighted that a clause in the COTPA defines a 'hookah bar' as an establishment where people gather to smoke tobacco from a community hookah, which is prohibited. But those serving hookah, which do not contain tobacco or nicotine, cannot be penalised, the bench held. Earlier this year, a restaurateur, Munib Arya, along with 11 others, filed a petition with the high court, seeking confirmation on whether restaurants could legally serve herbal or tobacco-free hookah. The petitioners, represented by advocate Zubin Bheramkamdin, alleged that police had been conducting illegal raids and threatening restaurant owners to shut down their businesses despite an earlier 2019 court order allowing herbal hookah. The court further held that if any violation of COTPA is found, police officers, not below the rank of assistant police inspector, are authorised to take legal action against the defaulters. During the hearing, the court also referred to its 2019 order, which had earlier allowed the sale of herbal hookah and instructed the police not to interfere when no nicotine was used in the hookahs served in the restaurants. The court also directed the state to strictly enforce the provisions of COTPA and take action if it is found that business owners are selling or using any substance prohibited under the Act, ordering the government pleader PH Kantharia to communicate this order to all the concerned authorities....