Allahabad High Court holds hookah service prohibited in Uttar Pradesh restaurants, even in designated smoking areas
13 October 2026
In M/s Aftek Foods and Beverages Pvt. Ltd. v. State of U.P., a Bench of Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary dismissed the restaurants' petitions (reported 29 September 2026).
The amended Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008 bars "any service" in a smoking area, so hookah bars violate the rule and the COTPA scheme.
The Court held the non-smokers' right to breathe clean air under Article 21 prevails over the right to trade under Article 19(1)(g).
The Food Safety Department and the Municipal Corporation cannot license hookah bars; police powers under Sections 12, 13 and 15 of COTPA were upheld.
A copy goes to the Chief Secretary and the Director General of Police.
In plain words
COTPA Cigarettes and Other Tobacco Products Act, 2003 — The central law that regulates tobacco advertising, sale and smoking in public places.
Designated Smoking Area DSA under the 2008 Rules — A separate enclosure where smoking is allowed in some establishments.