In a significant ruling, a Nagpur court has ordered the release of hookah products, tobacco items, and cash seized from Texas Shop during a raid under ‘Operation Thunder’. The police had sealed the store’s godown and booked owner Ashish alias Ankush Shahu under Sections 5A, 7, and 20 of the COTPA Act, claiming illegal trade of tobacco products.
Representing Texas, Advocate Prakash Naidu argued that the police action was arbitrary and exceeded legal authority. He stated that selling hookah products is not a crime under COTPA and that the shop had paid GST on all goods. Naidu also clarified that the owner was never arrested, despite police claims.
Citing multiple court judgments, the defense stressed that hookah use in designated smoking zones is legal, and police cannot act without concrete evidence. The raid, seizure, and sealing were termed unlawful and beyond police jurisdiction.
Presiding over the case, Judge B.M.N. Deshmukh accepted the arguments and directed the police to release the seized items and remove the godown seal. The ruling is seen as a check on police overreach in similar enforcement drives against legally operating businesses.
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