Madras HC Directs FSSAI to Test Herbal Hookah Ingredients Before Permitting Hookah Bar Operations

Case Overview

S. Harichandran Secretary Vs Commissioner of Police (Madras High Court)

The Madras High Court recently adjudicated upon a Criminal Original Petition filed by the operator of a restaurant-cum-bar establishment seeking judicial protection against alleged police interference with lawful business operations. The establishment in question, named "The Thief," situated at Nungambakkam, Chennai, offered herbal hookah services alongside its regular food and beverage operations.

Background and Facts of the Case

The petitioner approached the Madras High Court by way of a Criminal Original Petition, seeking a direction restraining law enforcement authorities from disrupting the functioning of the restaurant-cum-bar premises and harassing the petitioner along with the establishment's staff.

The petitioner's case rested on the following key factual assertions:

  • The restaurant "The Thief" was being operated in full compliance with applicable licensing requirements
  • A dedicated, earmarked smoking zone had been demarcated exclusively for offering herbal hookah services
  • The hookah products being served were entirely free from tobacco and nicotine content
  • Police authorities were repeatedly visiting the premises and directing closure on the grounds that tobacco products were allegedly being sold
  • The petitioner gave an unequivocal undertaking before the Court that no tobacco or nicotine-containing products would be used within the premises at any point

The petitioner's legal counsel argued that herbal hookah services are neither expressly banned nor prohibited under any existing legislation, and therefore, the continued police interference amounted to unlawful harassment of a legitimately operating business establishment.

Respondents' Position

The learned Additional Public Prosecutor, appearing on behalf of the respondents, clarified the State's stance on the matter. The respondents maintained that:

  • Their actions were not intended to disrupt the restaurant's general operations
  • The concern was specifically limited to the alleged serving of tobacco and nicotine products through hookah-related services
  • If the petitioner genuinely believed that the products used contained no tobacco or nicotine, the burden lay upon the petitioner to demonstrate and establish this claim before the competent authority
  • The Food Safety and Standards Authority of India (FSSAI) was identified as the appropriate body before whom such verification ought to be sought

The Madras High Court identified and deliberated upon the following core legal questions arising from the petition:

1. Whether Herbal Hookah Is Legally Permissible