Fresh Petition Filed in Bombay High Court Over Govt’s Stand on Hookah and Tobacco Goods

A fresh petition has been filed in the Bombay High Court over the Maharashtra government’s legal stand in a case involving seized hookah-related products, bringing renewed focus to how the state is handling enforcement against tobacco-linked goods.

The new plea has put the spotlight on an earlier court submission in which the government did not object to seized hookah-related goods being transported outside Maharashtra under police protection instead of being destroyed. That stand is now being cited in the latest petition, raising questions over whether a legal position taken in one case could be used as a precedent in similar matters.

The controversy traces back to December 2025, when authorities acted on confidential inputs about alleged irregularities involving so-called “herbal hookah” products. Raids were conducted at premises linked to companies in Bhiwandi and Pune. During the operation, goods worth nearly ₹10 crore were seized from a warehouse in Bhiwandi, while a production unit in Pune was sealed.

Samples collected during the raids were sent to a government laboratory for testing. According to records cited in the case, the products were found to contain substances including molasses, sucrose, glycerin, scented supari and nicotine. Based on these findings, action was initiated under the relevant law dealing with prohibited scented substances. Some employees were also arrested.

The enforcement action was carried out under the Food and Drug Administration, headed by Commissioner Shridhar Dube-Patil. The accused later approached the courts seeking release of the seized goods, bail for arrested staff and quashing of the case. However, lower courts in Pune and Bhiwandi reportedly denied relief. The matter then reached the Bombay High Court, where the state opposed the plea. The High Court did not quash the case and also refused bail, citing material placed on record, including the laboratory findings.

The matter took a new turn during review proceedings filed later by the accused. At that stage, the High Court sought a fresh affidavit from the authorities. Instead of a fresh stand from the FDA Commissioner, a communication was placed before the court by Maharashtra Medical Education and Drugs Department Secretary Dheeraj Kumar.

According to submissions cited in the matter, the communication stated that the department had no objection if the seized goods were safely transported to other states under police escort rather than destroyed. Based on this, the court later permitted release of the goods for transport outside Maharashtra.

That order has now become the basis of the fresh petition before the Bombay High Court. The development has also triggered political questions, with NCP MLA Hiraman Khoskar reportedly writing to Chief Minister Devendra Fadnavis seeking clarity on how such a legal stand was taken.

While no policy change has been announced and no court has allowed production of banned products in Maharashtra, the fresh petition has clearly shifted attention to whether the state’s stand in one case has opened the door to wider legal challenges.