Swargate Illegal Hookah Parlour Case: Pune Sessions Court Gives Bail to All Accused

Pune, 10th February 2026: In a significant relief to those arrested in the alleged illegal hookah parlour case at Swargate, the Sessions Court in Pune has granted bail to all the accused booked under Section 123 of the Bharatiya Nyaya Sanhita (BNS) and relevant provisions of the Cigarettes and Other Tobacco Products Act (COTPA).

The case stemmed from police action against a premises accused of running a hookah parlour and selling tobacco-based hookah products. The accused were taken into custody on charges of administering intoxicating substances and violating tobacco control laws.

While granting bail, the court made key observations on the scope and interpretation of Section 123 of the BNS. The court noted that for an offence to be made out under this section, there must be prima facie material to show that the accused administered to another person any poison, stupefying, intoxicating, or unwholesome substance with the intention to cause hurt.

The court further clarified that the question of whether the accused had “administered” such a substance is a matter of evidence and can only be conclusively decided during the course of the trial.

In its order, the Sessions Court observed that merely running a hookah parlour or selling tobacco-based products does not automatically attract Section 123 unless there is material to indicate intentional administration of harmful substances to cause injury.

The accused were represented by Advocate Siddharth Rathod, assisted by Advocate Aditya Harmalkar.