FFL Cuisines Private Limited Vs Assistant Commissioner of Police (Madras High Court)
Madras HC Allows Hookah Bar Only After FSSAI Confirms No Tobacco or Nicotine & Restrains Police From Interfering With Restaurant Subject to FSSAI Verification of Hookah Products
The petitioner filed a Criminal Original Petition seeking a direction restraining the respondents from harassing the petitioner and its staff in operating its resto bar, “Lord of the Drinks,” which included a separate smoking area for serving herbal flavour hookah claimed to be free from tobacco and nicotine.
The petitioner submitted that it was carrying on its restaurant and bar business after obtaining the necessary licences from the competent authorities. It stated that the separate smoking area served only herbal flavour hookah without any tobacco or nicotine content and that the business was being conducted in compliance with the requirements of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA Act). The petitioner alleged that the respondent police were repeatedly disturbing the restaurant’s operations and directing the petitioner not to serve herbal hookah to its customers.
The respondents submitted that an identical issue had already been decided by a Coordinate Bench of the High Court in W.P.Crl.No.560 of 2025 by order dated 19.08.2025. In that case, the Court had directed the petitioner to approach the Food Safety and Standards Authority of India (FSSAI) to establish that the products used in the hookah did not contain tobacco.
