Nagpur: In a major development related to the ongoing ‘Operation Thunder’, a local court has ordered the release of hookah-related products and cash seized from Texas Shop in Nagpur, while also directing police to remove the seal from the godown. The raid, carried out earlier by the NDPS wing of the Crime Branch, had led to the seizure of 291 hookah pots, 1,700 hookah pipes, multiple boxes of coal and flavored tobacco, along with electronic devices including a DVR and mobile phone.

The shop’s owner, Ashish alias Ankush Shahu, was earlier booked under Sections 5A, 7, and 20 of the Cigarettes and Other Tobacco Products Act (COTPA). However, the company, represented by Advocate Prakash Naidu, challenged the police action in court, stating that the raid was arbitrary, excessive, and a gross misuse of legal provisions.

Advocate Naidu argued that the sale of hookah products is not prohibited under COTPA and that the seizure of goods and sealing of the premises was outside the jurisdiction of the police. “The authorities have acted in blatant violation of the law by labeling a legitimate business as illegal. There is no bar under the COTPA Act on selling hookah products. Police officials cannot take punitive action merely based on suspicion,” Naidu stated in court.

He further pointed out that the owner of Texas was never formally arrested, and that the press releases issued by police claiming otherwise were misleading. According to Naidu, the business was conducted legally, with GST paid on all products, and that smoking hookah in designated zones is permissible under Rule 4 of the Act. He also cited multiple judgments from the Supreme Court and High Courts that prohibit police from interfering in the operation of hookah-serving establishments that are in compliance with the law.

The court, presided over by Judge B.M.N. Deshmukh, accepted the arguments and ordered the release of all seized items and removal of the seal on the godown. Advocates Mitesh Bais, Homesh Chauhan, Surabhi Naidu (Godbole), and Dhruv Sharma also appeared for the Texas company. The State was represented by a public prosecutor.

This ruling comes as a strong reminder to enforcement agencies about respecting legal boundaries during special drives. The court’s direction is being seen as a pushback against arbitrary crackdowns on hookah-serving establishments without substantial legal backing.

The case has sparked renewed discussions around the legality of hookah sales and the permissible extent of police action under COTPA, particularly when businesses are tax-compliant and operate within designated smoking regulations.