Madras High Court greenlights herbal hookah service post FSSAI verification

The Madras High Court in FFL Cuisines Private Limited Vs Assistant Commissioner of Police has clarified that a resto-bar can operate a herbal hookah facility, provided that the Food Safety and Standards Authority of India (FSSAI) confirms that the products used are completely free from tobacco and nicotine. Simultaneously, the Court has restricted routine interference by the police in the lawful operation of the restaurant, while preserving their power to act if any illegality is detected.

This order builds upon an earlier decision in W.P.Crl.No.560 of 2025 and reaffirms the regulatory overlap between the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA Act) and the Food Safety and Standards Act, 2006, in the context of herbal or non-tobacco hookah products.

Background of the dispute

The assessee, FFL Cuisines Private Limited, operates a resto-bar under the name “Lord of the Drinks”. According to the assessee:

  • It holds all required licences from the competent authorities to run a restaurant and bar.
  • Within the premises, there is a designated smoking area where only herbal flavour hookah is served.
  • The assessee asserts that the hookah products used in this area do not contain any tobacco or nicotine whatsoever.
  • The operation is claimed to be in compliance with the COTPA Act, 2003.

Despite this, the assessee complained that:

  • The respondent police authorities were repeatedly visiting the premises.
  • They were allegedly directing the assessee to discontinue the service of herbal hookah to customers.
  • Such actions were, in the assessee’s view, causing disturbance to the business and amounted to harassment.

Consequently, a Criminal Original Petition was filed before the Madras High Court seeking a direction restraining the respondents from disturbing the assessee and its staff from carrying on the resto-bar business, including the herbal hookah service in the separate smoking area.

Stand of the State and reference to earlier precedent

The learned Government Advocate (Crl. Side), appearing for the respondent police, did not dispute the existence of an earlier ruling on a similar issue. The State submitted that:

  • A Co-ordinate Bench of the Madras High Court had already examined an almost identical question in W.P.Crl.No.560 of 2025.
  • By order dated 19.08.2025 in that case, the Court had directed the petitioner there to approach the FSSAI and establish that the hookah products used did not contain tobacco.

In essence, the State’s stand was that the present petition should be governed by the same legal principles and directions that were laid down in that prior decision.

Key reasoning from the earlier decision in W.P.Crl.No.560 of 2025

The present Bench carefully went through the order in W.P.Crl.No.560 of 2025, and found the reasoning fully applicable.