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Bombay high court: Mumbai restaurant with eating house permit can’t serve herbal hookah on the menu.

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3 years ago

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MUMBAI: Bombay high court held herbal hookah cannot be on the menu in a restaurant operating on an eating house license from the Brihan mumbai Municipal Corporation (BMC).
It cannot be countenanced that grant of a license to conduct an eating house is deemed to include a license to conduct Hookah activities and the civic chief is certainly required to consider issues that could be a nuisance or dangerous said A bench of Justices Girish Kulkarni and R N Laddha on April 24 denying permission to ‘The Orange Mint’ a lounge in Chembur to serve herbal hookah (HH).
The HC held that the Mumbai municipal Commissioner Iqbal Chahal has appropriately exercised his discretion under the Mumbai Municipality Act, to prevent HH being served at the lounge. The BMC is noted expected to keep a “continuous vigil’’ on hookah activity of the petitioner said the HC adding, “Once it is clear that hookah activities are not part of the Eating House license conditions, such activity cannot be permitted”.
Justice Kulkarni authoring the order, gave an illustration saying, “In a restaurant or eating house, where children, women and elderly visit for refreshments/eating, it cannot be expected that hookah is one of the menus being served and more particularly of the category as offered by the petitioner using flame or burnt charcoal.’’ The HC said, “This would amount to an absolute nuisance’’ at the restaurant and were it to become a reality, “the impact it would create on such customers at the eating house can just be imagined”.
Under Section 394 of the Municipal Corporation Act, restaurants are issued an eating house license to operate. Section 394, said the HC prohibits certain trades, processes and operated without a license and empowers BMC To seize, destroy to prevent danger or nuisance.
But the section cannot be interpreted to mean such license would permit the restaurant to serve ‘herbal hookah’ said the HC whose order was made available on May 1.

“The Municipal Commissioner in granting license is certainly required to apply his mind to such issues which are dangerous to life, health or property of the citizens, as also, on issues which are likely to create a nuisance…’’the HC said.

Entrepreneur, S B Parkhi, the petitioner through her counsel counsel Mayur Khandeparkar submitted that the license issued by the BMC would include serving of ‘herbal’ hookah. The challenge was to April 18, 2023 order assed by the Medical Officer Health, M/West
Ward, directing to stop serving such herbal hookah within seven days, else they
eating house license shall be revoked, without any further notice.
Brihan Mumbai Municipal Corporation (BMC) lawyer Kunal Waghmare took the stand that an eating house license would not permit any such hookah activity.
Authoring the order, Justice Kulkarni said the section cannot be interpreted “narrowly”.
“On a holistic reading of Section 394 of the MMC Act, the contention of the petitioner that the eating house license granted to her permits “hookah activities” or conducting any “hookah parlour” under the terms and conditions of the eating home license, is totally untenable,’’ held the HC adding, “ The canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, operations, which are dangerous to life, health or which are likely to create nuisance, as quite extensively described in the provision”.
The HC reasoned that the legislatures’ intention can be derived from the clear wordings that include in its ambit any article, trade, process or operation which in the opinion of the civic chief are dangerous to life, health or property or are likely to create nuisance “either from its nature” or by reason “of the manner” in which or the conditions under which the same are or are proposed to be used and carried on.

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Maharashtra

Gutkha and scented betel nut worth approximately ₹1.18 crore seized in Mumbai; 9 arrested.

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2 hours ago

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September 12, 2026

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Mumbai: Authorities have claimed the seizure of banned gutkha worth ₹1.18 crore within the jurisdiction of the Bhandup Police Station. Acting on a tip-off regarding the transportation and sale of banned gutkha and scented betel nut, the Senior Police Inspector of Bhandup Police Station dispatched Assistant Police Inspector Vinod Lad and his team to verify the information and take action. Based on the intelligence received, the team laid a trap and conducted a raid on September 12 at approximately 4:25 AM at the Municipal Corporation parking area on Village Road, Nahur. During the operation, they seized five vehicles—comprising one container truck, two tempos, one Bolero, and one pickup truck—and arrested a total of nine individuals. The seized contraband included banned scented betel nut products (such as ‘Varanasi Aashiq’ scented betel nut and scented tobacco) valued at ₹20,21,100, along with five motor vehicles from various companies valued at ₹98 lakh; the total value of the seized property amounts to ₹1,18,21,100. The five vehicles, the nine accused, and the contraband have been taken into custody, and proceedings to register a formal case at the Bhandup Police Station are currently underway. This successful and noteworthy operation was carried out under the guidance of Police Commissioner Deven Bharti, Joint Commissioner of Police Manoj Kumar Sharma (Law and Order), Additional Commissioner of Police Dhananjay Kulkarni (East Region), Deputy Commissioner of Police Abhay Singh Deshmukh (Zone 3), and Assistant Commissioner of Police Ajay Joshi (Bhandup Division), by a team comprising Senior Police Inspector Sapna Khirsagar, Assistant Police Inspector Vinod Lad, Police Havaldars Hiralal Charande, Akesh Tirmare, and Ganesh Sonone, and Police Constables Vikas Shinde and Vijaykumar Pawar.

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Maharashtra

Accused involved in smuggling “MD” and “MDMA Plus” drugs arrested in Mumbai.

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3 hours ago

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September 12, 2026

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The Mumbai Anti-Narcotics Cell (ANC) has claimed the arrest of a drug dealer involved in MD smuggling, charging him under Sections 8(c) and 22(c) of the NDPS Act. The accused was apprehended in Jogeshwari after being spotted under suspicious circumstances. The following items were seized from his possession:
1) Three MDMA pills weighing a total of 2.04 grams (estimated value: ₹88,000)
2) MD (Mephedrone) weighing a total of 417 grams (estimated value: ₹1,25,10,000)
3) Fifty Indian currency notes of ₹500 denomination (total cash: ₹25,000)
4) One used Apple iPhone 15 (estimated value: ₹20,000)
*The total estimated value of the seized items is ₹1,26,43,000. On September 11, the Azad Maidan Unit of the ANC (Crime Branch) was patrolling the Jogeshwari area when they received credible information that an individual was selling drugs from his residence. Acting on this tip-off, the ANC team raided the suspect’s home and recovered the aforementioned contraband. Case property recovered during the personal search of the said individual: 1) Three “MDMA tablets” weighing a total of 2.04 grams (estimated value: Rs. 88,000); 2) “MD” drug weighing 210 grams (estimated value: Rs. 6,300,000); 3) One used Apple iPhone 15 (estimated value: Rs. 20,000). Case property recovered during the search of the said individual’s residence: 4) “MD” drug weighing 207 grams (estimated value: Rs. 6,210,000); 5) Fifty Indian currency notes of Rs. 500 denomination (total cash: Rs. 25,000). The total estimated value of the recovered case property is Rs. 12,643,000. The ANC squad (Azad Maidan Unit) has arrested the said individual and registered a case (Case No. 85/2026) under Sections 8(c) and 21(c) of the NDPS Act, 1985. This successful operation was carried out by Deven Bharti (Police Commissioner, Mumbai), Anil Kumbhare (Joint Commissioner of Police – Crime), Krishnakant Upadhyay (Additional Commissioner of Police – Crime), and Poornima Chougule-Shringi (Deputy Commissioner of Police, ANC Squad, Crime Branch).

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Maharashtra

Maratha quota stir: Jarange Patil urges CM Fadnavis, police not to obstruct march to Mumbai

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4 hours ago

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September 12, 2026

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Antarwali Sarati (Jalna), Sep 12: Entering the 15th day of his hunger strike, Maratha reservation activist Manoj Jarange Patil on Saturday announced a march to Mumbai to launch an indefinite hunger strike at Azad Maidan.

Addressing a gathering at Antarwali Sarati, Jarange Patil gave the detailed route for the march and urged the police administration and Chief Minister and Home Minister Devendra Fadnavis not to stop them.

Jarange Patil will leave Antarwali Sarati on September 15 and start an indefinite strike at Azad Maidan Mumbai from September 19.

Jarange Patil stated that the march represents the pride and existence of the Maratha community. He appealed to supporters along the route to step out and offer their blessings, even if they are unable to travel all the way to Mumbai. He also called on community members to halt work and join the movement on the specified dates.

According to Jarange Patil, the march will proceed along the Antarwali – Shahagad – Gevrai – Beed – Manjarsumbha – Limba Ganesh – Patoda route towards Mumbai.

Due to the massive convoy of vehicles moving at low speeds, the journey will be completed in stages. The first halt will be at Patoda (Beed district), second halt at Shrigonda (Ahilyanagar district), third halt at Hadapsar (Pune district) and fourth halt at Khopoli (Raigad district) / Koparkhairane (Navi Mumbai) (Khopoli currently finalised). The final destination will be Azad Maidan, Mumbai.

Addressing requests from various regions, Jarange Patil explained that the route via Hadapsar was selected to include supporters from Pune and Western Maharashtra who felt left out during previous marches. He reiterated his appeal to state authorities, urging Devendra Fadnavis and the police not to erect barricades or obstruct the peaceful rally.

“We want to conduct a peaceful, democratic hunger strike to claim our rights. If the police block us anywhere along the highway, we will not push barricades or clash with authorities. We will simply sit down peacefully on the road wherever we are stopped,” Jarange Patil stated.

He further instructed all participants in the convoy to maintain strict discipline, avoid overtaking, ensure no member of the public is harmed, and stay on the designated route.

Reflecting on his health on day 15 of the strike, Jarange Patil noted that he was able to speak only due to IV fluids. Calling this the “final battle” for the community’s cause, he put the decision to the crowd, asking whether they should stay in Antarwali or march to Mumbai.

The crowd responded with overwhelming chants of “Mumbai, Mumbai!”

“Our goal is to reach Mumbai peacefully and return victorious,” Jarange Patil declared, finalising the march to the state capital.

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