Bombay High Court
Ali Reza Abdi vs The State Of Maharashtra And Ors on 8 July, 2019
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
8 wp 2719.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2719 of 2019
Ali Reza Abdi .....Petitioner
versus
The State of Maharashtra and ors. ....Respondents
Dr. Sujay Kantawala along with Sajal Yadav i/b. Mr. Karan V. Vyas,
advocate for the petitioner.
Mr. Deepak Thakare, PP along with Mr. S. R. Shinde, APP for the State.
Mr. Ganesh Gole i/b. Mr. Kunal Waghmare, advocate for MCGM.
CORAM : RANJIT MORE &
SMT. BHARATI H. DANGRE, JJ.
DATE : 8th JULY, 2019. P. C. :
The petitioner has approached this Court invoking jurisdiction under Article 226 of the Constitution of India seeking protection of his fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India. The petitioner is running a business of food and beverages since last 20 years and has commenced the concept of Skylounge and Sheesha Restaurants and has own and franchise restaurants in various major cities. The petitioner serves tobacco free hookahs in his restaurants and for that purpose he is using a product by brand name "Soex".
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2. It is the specific case of petitioner that the product "Soex" does not contain tobacco or nicotine. In this regard, the petitioner has relied upon the decision of learned Single Judge of the Gujarat High Court dated 26th December, 2018 in criminal miscellaneous application no.17856 of 2014, report of the Directorate of Forensic Science, Gujarat State and report of Bombay Forensic, which are taken on record. In short, it is the case of the petitioner that in absence of tobacco and nicotine, he cannot be prohibited from running Hookah Bar under COTPA amendment 2018.
3. Mr. Thakare, learned PP and Mr. Gole, learned counsel for the MCGM, however, submitted that they are not in receipt of the report of the Bombay Forensic dated 7th June, 2019. A copy of the said report is handed over to both of them today in Court. Mr. Thakare, learned PP and Mr. Gole, learned counsel for the MCGM, however, submitted that they will verify the report and make submission on next date of hearing.
4. In above circumstances, we defer hearing of this petition till 15th July, 2019. To be placed high on board.
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