Nagpur: The Operation Thunder of Nagpur Police received a setback after a JMFC court ordered release of hookah-related material, tobacco products and other items seized from Texas Shop which was raided by city cops a few days ago.
An offence was registered against the owner of the shop, Ashish/Ankush Shahu under sections 5A, 7 and 20 of the Cigarette & Other Tobacco Products Act (COTPA) and was arrested by the Crime Branch, Nagpur. The Texas Shop moved an application for release of the seized articles, cash and for removing the seal affixed to the godown.
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30 July 2025
Appearing for the shop, Advocate Prakash Naidu argued that the police machinery had acted in violation of the powers vested with them. It was pointed out that under the provisions of the COTPA Act there is no bar to sell hookah products and/or articles as were seized by the police. The COTPA Act nowhere specified that selling of hookah or hookah articles amounts to commission of any crime. The business in which Texas Shop was dealing was not prohibited or a criminal act under the penal provisions of the land, Adv Naidu contended.
Citing judgements of the Supreme Court and various High Courts, Adv Naidu argued that smoking through hookah is permissible under rule 4 of the Act, provided it is conducted in a smoking area conforming to the specifications outlined in the rules. The trade and commerce in tobacco products including the said products could be regulated only to the extent permitted by COTPA and even the FSSAI (Food Safety and Standards Authority of India) Department was not permitted to address the said issue, it was further argued.
Upon hearing the arguments, Judicial Magistrate First Class BMN Deshmukh allowed the application and directed the police to release the articles, cash and to remove the seal from the godown.
Adv Prakash Naidu, Mitesh Bais, Homesh Chauhan, Surabhi Naidu (Godbole), Dhruv Sharma appeared for the Texas Shop.
