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Synopsis

The Madras High Court has issued notice to the State government of Tamil Nadu in a writ petition assailing the validity of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Tamil Nadu Amendment Act, 2022 which amended the 2003 Act. 

The plea, filed by Coin Cafe Restaurant, alleges that “Tobacco” is exclusively a Central subject finding place in Entry-84 of List I of the Seventh Schedule to the Constitution of India, therefore, the Tamil Nadu government could not have placed restrictions on the opening and running of hookah bars or serving hookah to the customers.

The plea essentially seeks direction to call for the records relating to Government Gazette Notification No. 245 dated June 30, 2023  issued by the Secretary to the State Government and quash the same as unreasonable and ultra-vires. 

It also seeks consequential direction to the respondents including police authorities to frame appropriate guidelines for running the petitioner's hookah/herbal hookah business.

The division bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy noted that Under Entry-6 of List II of the Seventh Schedule to the Constitution, “health” is a State subject. "The said aspect also needs to be considered," the bench said. 

Accordingly, court issued notice to the respondents, including the Advocate General of the State.

Further, at the request of the State Government Pleader, for filing reply, court adjourned the matter to April 23, 2024.

The President on June 21, 2023, gave assent to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Tamil Nadu Amendment Act, 2022 which added Section 4A to the 2003 Act. 

Section 4A provides that no person shall, either on his own or on behalf of any other person, open or run any hookah bar or serve hookah to the customers in any place including a eating house.

The amended legislation also stipulates penalties for operating a hookah bar, with potential imprisonment ranging from one to three years and a fine ranging from Rs 20,000 to Rs 50,000.

In August last year, the State government issued a gazette notifying the prohibition of hookah bars in the State.

Case Title: Coin Cafe Restaurant v. The Chief Secretary to Government And Others