Hi. My name is Imon Sarkar. I live in Gangarampur, West Bengal, India, PIN Code: 733124. I was in a Rehab centre. I was a staff member. One staff member of the Rehab centre asked me to give some money to him, so he could buy hookah. I said no. Then he said, "Will you give money for buying Cold drink?" I said, "Yes, I can do that." I gave him ₹ 40 and requested him to not buy hookah, but a cold drink of ₹ 100 (he took money from other staff members as well). When he returned, he bought a cold drink, but also hookah. I felt bad, and told him to return/refund my money. He refunded my money. What made me feel bad is that I gave him money and he bought hookah with that money. Will that make me fall in any legal trap in the future - that's my concern. Thank you and Regards, Imon Sarkar.
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Dear ,
You are unlikely to face any legal trouble. You gave ₹40 specifically for a cold drink, refused to fund the hookah, and later received your money back.
Criminal liability generally requires intention or knowing assistance, which is absent in your case. Keep any relevant messages or witnesses only as a precaution.
Advocate Saurabh Agrawal
This is your imaginary fear.
You have not paid any money to him to buy hookah because he returned the money borrowed from you.
Even otherwise hookah habit is his private affair and has nothing to do with you or your money.
you won’t fall into any lehal trap
you merely gave money for purchase of cold drink and said money was refunded to you
Sir/Madam,
It is suggested that you will not land in any legal trap because purchase of hooka is done by him and through other money becuase he returned your money as said in your query.
No as far as above facts are concerned
Based on the facts you’ve shared, you are unlikely to face any legal liability. You specifically refused to contribute towards buying a hookah and agreed to give ₹40 only for purchasing a cold drink. When you discovered that the person had also purchased a hookah, you immediately objected and asked for your money back, which was refunded.
In criminal law, liability generally requires knowledge, intention, or participation in the unlawful act. From your account, there is nothing to suggest that you intended to finance or assist in buying the hookah. On the contrary, you expressly opposed it and withdrew your contribution.
Therefore, the incident, as described, should not put you in any legal trouble in the future. If you are ever questioned, you can truthfully state that you contributed only for the cold drink, objected to the hookah purchase, and obtained a refund as soon as you became aware of it.
You need not worry on these facts. However, as a precaution, avoid handing over money to others for purchases unless you are certain how it will be used.
You have helped a person in the hour of need. Now with this help if someone commits any wrong, you will not be held responsible.
Purchase of Hookhah is not illegal in our state. Therefore, you have got nothing to worry.
Based on the facts you have presented, you face no criminal liability under Indian law. Here is the legal analysis:
1. No Offence of Abetment is Made Out
Under Section 107 of the Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 107 of the IPC), abetment requires intentional instigation, conspiracy, or aiding of an offence. Your explicit instruction was to purchase a cold drink, and you specifically requested him not to buy hookah. This negates any mens rea (guilty intention) on your part. The fact that the staff member used the money for an unauthorised purpose constitutes his independent act, for which you bear no responsibility. In Mohd. Abdul Arif v. State of Telangana, the court held that mere presence or passive association without intent does not constitute abetment.
2. Hookah is Not Per Se Illegal Under Central Law
The Narcotic Drugs and Psychotropic Substances Act, 1985 does not regulate hookah or tobacco. Regulation of hookah falls under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, which primarily governs sale, advertisement, and public smoking, not individual possession or consumption. The Bombay High Court has clarified that only tobacco-based hookah is regulated, while herbal/tobacco-free hookah is lawful. Even if the hookah purchased contained tobacco, the penal provisions under COTPA target commercial establishments (owners/managers) serving hookah, not individual consumers or casual purchasers.
3. Your Money Was Refunded, Severing Any Connection
The staff member refunded your ₹40, meaning your funds were not ultimately used for the hookah purchase. This further eliminates any possible nexus between your money and the act.
4. No Future Legal Trap
For the reasons stated above—absence of mens rea, lack of abetment, the refund, and the fact that hookah consumption is not a criminal offence under Indian law—you have no exposure to any criminal proceedings, now or in the future.
Dear Client,
On the basis of the facts shared, you are not likely to face any legal consequences. You clearly told the other staff member not to buy hookah and agreed to contribute only towards a bottle of cold drink. When you found out that he has also purchased hookah, you immediately asked for your ₹40 back, and he refunded it.
As you neither intended to support the purchase of hookah nor continued to contribute after learning of it, there is no apparent basis to hold you legally liable.
Thankyou for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.
