National Restaurant Association of India Vs State of West Bengal (Calcutta High Court)
Sub-In the absence of any rules under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [for short “COTP Act 2003”] neither the Kolkata Municipal Corporation nor the Bidhannagar Municipal Corporation can pass orders against use of Hookahs in bars and restaurants having a valid licence.
This Court sees that the issue of use of hookahs and the attempt to regulate the same, came to be considered by the Hon’ble Supreme Court in the case of Narinder S. Chadha and Ors. Vs. Municipal Corporation of Greater Mumbai and Ors. reported in (2014) 15 SCC 689 paragraphs 18 to 22.
The petitioner clients are strictly complying with the rules and regulations of the aforesaid COTP Act 2003 and other applicable statues and rules. They only permit use of tobacco, nicotine and herbal products in the hookahs Since there is no law banning the use of tobacco, nicotine and herbal products in bars and restaurants.
The Court in view of this and the fact that both the State and Central Government earn huge revenues from sale of tobacco products that are lawfully sold in this country quashed the directions issued in this regard until an Act is enacted in this regard.
Thus, now hookah bars will open again for members of public in West Bengal.
