Nagpur: In a major setback to the city police’s ongoing Operation Thunder, a Nagpur court has directed the release of hukkah-related materials, tobacco products, and other items seized from the godown of Texas Shop. The court also ordered the removal of the police seal affixed to the premises.
The raid, carried out by the NDPS Unit of the Crime Branch, resulted in the seizure of:
- 291 hukkah pots
- 1,700 hukkah pipes
- 4 boxes of hukkah coal
- Multiple boxes of AL FAKHER and AFZAL flavoured tobacco
- Hukkah accessories including burners, filters, and packaging
- 337 assorted hukkah flavours
- One DVR and a mobile phone
- Cigarettes, cash, and other tobacco products
The police had booked the owner, Ashish/Ankush Shahu, under Sections 5A, 7, and 20 of the Cigarettes and Other Tobacco Products Act (COTPA), and had claimed to have arrested him under NDPS-related charges.
Gold Rate
29 July 2025
However, appearing for the shop, Advocate Prakash Naidu argued that the police had acted beyond their legal jurisdiction. He pointed out that under COTPA, there is no blanket prohibition on the sale of hukkah products, provided they are not advertised or consumed in public places without a designated smoking area.
Adv. Naidu contended that the shop’s business is legitimate, GST-compliant, and the seizure was arbitrary and illegal. He argued that the press statements issued by the police, claiming multiple arrests, were misleading, as the owner was never taken into custody.
Citing judgments of the Supreme Court and various High Courts, the advocate stressed that smoking through hukkah is permissible in designated areas and does not violate COTPA provisions. He also highlighted that the Food Safety and Standards Authority of India (FSSAI) does not have overriding authority over the trade of tobacco products already governed by central law.
After hearing the submissions, Judicial Magistrate First Class Smt. B.M.N. Deshmukh ruled in favour of Texas Shop and directed the police to release all seized articles, including cash, and to lift the seal placed on the godown.
The petitioners were represented by Advocates Prakash Naidu, Mitesh Bais, Homesh Chauhan, Surabhi Naidu (Godbole), and Dhruv Sharma. The State was represented by the Public Prosecutor.
