S. Harichandran Secretary Vs Commissioner of Police (Madras High Court)
The petitioner filed a Criminal Original Petition seeking a direction restraining the police from harassing the petitioner and the staff in connection with the operation of the restaurant-cum-bar “The Thief” at Nungambakkam, Chennai, where herbal hookah services were also provided. The petitioner stated that the restaurant was being operated after obtaining the required licences and that a separate earmarked smoking area had been created for serving herbal flavour hookah without any tobacco or nicotine content. According to the petitioner, the police were repeatedly interfering with the business and directing closure of the establishment on the allegation that tobacco products were being sold.
The petitioner contended that serving and smoking herbal hookah was neither banned nor prohibited under any law and undertook that no tobacco or nicotine products would be used within the premises.
The respondents submitted that they were not interfering with the restaurant business but were concerned about the serving of tobacco and nicotine products through hookah bars. They contended that if the petitioner claimed that the products used did not contain tobacco or nicotine, the petitioner had to establish the same before the competent authorities, particularly the Food Safety and Standards Authority of India (FSSAI).
