In a development that could reignite the debate over banned tobacco products, Gutkha and hookah traders have approached the Bombay High Court seeking government’s approval for manufacturing these items in Maharashtra, citing a controversial affidavit by a state secretary. The petition, admitted by the court with a hearing expected soon, demands parity with a recent concession granted to a hookah trader. It argues that if the government allowed seized “herbal hookah” goods to be transported to other states, all traders should be permitted to produce Gutkha and hookah legally in Maharashtra for interstate sale.
The controversy stems from December 2025 raids by the Maharashtra FDA on high street impex LLP in Bhiwandi and Soex India Pvt Ltd in Pune. Tests revealed prohibited substances like molasses, sucrose, glycerin, scented supari, and nicotine in the products, leading to seizures worth Rs 10 crore, a production unit seal, and arrests. Lower courts in Pune and Bhiwandi denied bail and release of goods.
The High Court initially upheld this but, in a review petition, ordered a fresh affidavit. The petition was filed in court by Dheeraj Kumar, Secretary of the Maharashtra medical education and drugs department, allegedly in collusion with FDA commissioner Shridhar Dube Patil stating no objection to safely transporting the goods to other states under police protection.
The court approved, sparking accusations of internal maneuvering. Gutkha traders now leverage this as precedent, despite the state’s blanket ban under the 2011 Prohibition Act, which outlaws production, sale, and transport due to health risks. Political fury has erupted.
NCP MLA Hiraman Khoskar fired off a letter to chief minister Devendra Fadnavis, questioning how officials can bypass government on banned items and sarcastically suggesting state-run Gutkha production for revenue. “When there’s a total ban, how can a secretary decide independently?” Khoskar asked.
The government opposed quashing the original case, represented by special public prosecutor advocate Rajiv Patil.
Legal experts note the transport order doesn’t equate to production approval, and public health precedents make trader success unlikely.
