Suo Motu v. State of Gujarat & 5

The Petitioner sought to enforce the smoke-free provisions of the India's Tobacco Control Law ("COTPA") with respect to hookah parlors. After an investigation, the Court found that all hookah parlors were operating in accordance with COTPA and its implementation rules and disposed of the case. The Court also noted that the State will periodically inspect hookah parlor establishments to ensure compliance.

Suo Motu v. State of Gujarat & 5, Special Civil Application No. 4857 of 2009, High Court of Gujarat at Ahmedabad (2010).

  • India
  • Jul 12, 2010
  • High Court of Gujarat at Ahmedabad
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Parties

Plaintiff Suo Motu

Defendant

  • Ahmedabad Hukka Bars Asso.
  • Ahmedabad Municipal Corporation
  • Insaf Trust
  • Police Commissioner
  • State of Gujarat
  • Virasat Hospitality Pvt. Ltd. Thro' Direct. Govindbhai Patel

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"An additional affidavit has been filed on behalf of respondent no. 3. From the earlier report and the present affidavit, we find that earlier number of Hukka Bars were inspected which were found to be running in accordance with the Cigarettes and Other Tobacco Products Act, 2006 and the Rules framed thereunder. In the present affidavit, it is stated that pursuant to the order passed on 17th June, 2010, inspection of 20 Hukka Bars has been done, out of which three Hukka Bars were found to be functioning and the remaining 17 were closed. No Hukka Bar is running in contravention of the Act and the Rules framed thereunder. Having heard learned counsel appearing on behalf of the State and 6th respondent and the Association of Hukka Bars Owners, we are of the view that no further order is required to be passed in this case. However, the State authorities will continue with the periodical inspection of the Hukka Bars to ensure that the Act and the Rules framed thereunder or guidelines issued by the State vide notification dated 10th October, 2010 are not contravened by one or other Hukka Bar owners."