High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court ma1, 6s pleased to issue a Writ of ltrlandamus or any other appropriate writ and direct the respondents to act in accordance with law and forbear from interfering with the activity of the petitioners in providing hookah service in its smoking zone of the restaurant to its customers and grant such other relief as it deems fit in the circumstances of the case. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the activity of the petitioners in providing hookah service in its smoking zone of the restaurant to its customers, pending disposal of the writ petition, and grant such other reiief as it deems fit in the circumstances of the case. Counsel for the Petitioner : M/S BHARADWAJ ASSOCIATES Counsel for the ResponCents : SR! D.PR.ADEEP, AGP FOR IIOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.3664 OF 2018 ORDER This Writ Petition is filed under Arlicle 226 of Constitution of lndia seeking the following relief: ". . ..lo issue a writ, order or direction and more parlicularly one in the nature of writ of mandamus to direct the respondents to act in accordance with law and forbear from interfering with the activity of the petitioners in providing hookah service in its smoking zone of the restaurant to its customers and grant such other relief. . .."

2. None appeared for the Petitioners. 3- Heard Mr.D.Pradeep, learned Assistant Government Pleader appearing on behalf of respondents.

4. Learned Assistant Government Pleader for the respondents submits that the act of serving Hookah necessarily implies the supply of tobacco products. However, the nature of the substances being used in the preparation of flavoured Hookah has not been clearly specified by the petitioners. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent authorities. However, fairly concedes that in similar matters tlris Court has directed petitioners/business 2 establishments to comply with certain conditions, and upon such compliance, the respondent police authorities were directed not to interfere with their business activities. ln view of the above, he pi'ays that appropriate orders be passed in the instant matter.

5. I have perused the material on record.

6. The petitioners are running reputed coffee shops and restaurants which are situated in Road No.12 of Banjara Hills, Hyderabad and contends that the respondent police authorities, without any legal prescription, are interfering with his business of serving flavoured Hookah.

7. ln this context, it is pertinent to note that a Coordinate Bench of this Court, in W.P No. 15944 of 2022 decided on

08.12.2022, examined the question as to whether a licence is required for running a Hookah center under the provisions of the Cigarettes and Other Tobacco Products (prohibition of Advertisement and Regutation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ('COT? Act,) and upon due consideration, recorded its conclusion in the following terms: "Though the Act does not contemplate any licence to be taken, in the larger interest of the youngsters, who are vislting the hookah centres, the restaurant owners shall have a definite place for hookah / smoking The restauranl owners, 3 who are having a separate place for smoking and for hookah consumption, shall inform the same to the Slation House Otficer, so that they can have surveillance on the activities that are taking place in the said place and whether the business is carried out as per lhe norms and the procedure laid down under the Act. Police under lhe guise of this, shall not harass the persons running these centres without following the procedure- The officers, who are competent alone can enter the premises. lf there is any high-handed action on the part of the police. the same shall be brought to the notice of the higher authoritres and they shall cause enquiry into the same and take appropriate action."

8. Furthermore, tn an analogues matter, this Court issued certain directions and, upon compliance by the petitioners, restrained the respondent police from interfering with the petitioners' business. For ready reference, the relevant directions are reproduced hereunder: "ln the light of the interim order granled by this Court in identical matters, there shall be an order alike in this matter also in the following terms: lf the petitioner installs video cameras, either open or concealed, records its operalions and also undertakes to preserve the recordings for a minimum of fifteen days period, so that the police, in case of suspicion or necessity, can replay the footage and examine as to whether any undesirable elements or young persons in confltct with law are frequently visiting the petitroner's caf6 for hookah, the petitioner's caf6 may be permitted to carry on its operations. Learned Assistant Government Pleader for Home would suggest that: i) ii) The Hookah centres shall not be kept open beyond 11.00 p.m. for its customers; They must necessarily exhibit the signboard that they are Hookah centres; and 4 iii) They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres.'

9. That apart, a batch of Writ Petitions filed by persons similarly placed as the petitioner was considered in W.P. No. 8223 of 2013 and connected matters, decided on 15..1 1.2023, concerning the operation of hookah centers The relevant portion of the said judgment is extracted hereunder for ready reference: "ln vrew of the above discussion, this Court is of the opinion that imposing of cerlain condilions to run the Hookah Centres would meet the ends of justice. i). As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the lvlunicipal Corporatior.t as specified under Section 521(1)(b) of Greater Hyderabad [,4unicrpat Corporation Act, 1955. ii). Since the Hyderabad City Police Act, 1348 Fasti confers power over amusement Centres/restaurants which are defined as "pubtic ptace' under the COTP Act and as per Rute 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifying smokrng area. Therefore, to establish hookah centres, the petittoners shall obtain necessary permission from the concerned authority under the provisions of the City police Act, iii). The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictonal health-warning labets at the entrance must be displayed ir) The respondents-police are at hberty to supervise and inspect the Hookah Centres, for any violation o[ rules and reguiations, guideltn€s or circulars issued under the provisions of the Hyderabad Crty Police Act, 1 348 Fasli. 5 v). lf there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.

25. Sublect to fulfilling the above conditions and also the provisions of COTP Act, the respondents- police are directed not to interfere with the business activity of the petitioners for running Hookah Centres' lf the police are found to act in a highhanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.3202 of 2014 and batch, in which event the said authority shall forthwith take necessary steps in that regard." 'tO. ln view of the settled legal principles discussed hereinabove, and there being . no distinguishing features or exceptional circumstances brought to the notice of this Court warranting a deviation, it is considered just and appropriate to dispose of the present writ petition by directing the petitioners to strictly comply with the following directions: L The business place must necessarily exhibit the signboard that they are Hookah centres; ri. They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose includlng consumption of coffee inside the Hookah Centres' ,,1 The Hookah centres shall not be kept open beyond 1 1.00 P.m. for ils customers; iv. -the Hookah Centres are prohibited from serving any to the persons below the age tobacco product 6 eighteen years. Pictorial health-warning labels at the entrance must be displayed lf the petitioner shall install video cameras, either open or concealed, records its operations and shall preserve the recordings for a minimum of thirty days period, so that the police, in case of suspicion or necessity, can replay the footage and examine as to whether any undesirable elements or young persons in conflict with law are frequently visiting the petitioner's caf6 for hookah As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521( 1 Xb) of Grealer Hyderabad Ir4unicipal Corporation Aci, .i 955 Since the Hyderabad City police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as "public place" under the COTp Act and as per Rule 4 of the Prohibition of Smoking in public places Rules, 2008 permission is required specifying smoking area. Therefore, to establish hookah centres. the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City Police Act. The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation ot rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City police Act, .1348 Fasli. lf there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriale action as per the provisions of the COTp Act. 7

11. Subject to the petitioners' strict compliance with the conditions stipulated hereinabove, and with the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ('COTP Act'), the respondent police authorities are directed not to cause any interferenceinthelawfulbusinessactivitiesofthepetitioners.ln the event of any deviation by the petitioners, it shall be open to the respondent police authorities to initiate and pursue appropriate proceedings in accordance with law'

12. With the above direction, this Writ Petition is allowed No costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// 4 SD/. M.NAGAM ISTANT REG ION OFFICER

1. The lnspector of Police, Banjara Hills Police Station, H erabad 2. The Assistant Commissioner of Police, Banjara Hill tvlsron, Banjara Hills, Hyderabad.

3. The Deputy Commissioner of Police, West Zone, A'C Guards' Hyderabad 4. The Commissioner of Police, Hyderabad City, Hyderabad 5. The lnspector of Police, Tank Force, Government of Telangana' at Hyderabad.

6.ThePrincipalsecretary,HomeDepartment,secretariat,Te|anganaState, Hyderabad

7. One CC to M/S.BHARADWAJ ASSOCIATES, Advocate' [OPUC] B.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelangana.[oUT] 9. Two CD CoPies. BSK .8, HIGH COURT DATED:2811012025 ( .J o !,,. 2 3 r,:c 202[ t Dn DAT ORDER WP.No.3664 of 2018 ALLOWING THE WRIT PETITION WITHOUT COSTS lL Tx4 >-.r{,Jre