The 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 may be p eased to issue an appropriate Writ declaring the action of the Respondents herein in interfering with the business of the Petitioner in serving of flavoured l-lookahs and its related products in non-smokrng zone as per the act and rules at Chill on Hill Lounge Hookah Parlour without reference to any rule or Jaw or any g; idelines/reg u lations as illegal, arbitrary and u nconstitutiona I contrary to the Provisions of COTP Act and consequently drrect the Respondents to permit the Petitioner to serve flavoured Hookahs and its related products in non-smoking zone as per the act and rules at Chill on Hill Lounge Hookah Parlour without any hindrance or restriction. lA NO: 'l OF 2018 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct tlre Respondents herein not to interfere with the business of the Petitioner in sr:rving of flavoured Hookahs and its related products in non-smoking zone as per the act and rules at Chill on Hill Lounge Hookah Parlour pending hearing of the nrain Writ Petition. C:ounsel for the Petitioner: SRI A. L. RAJU Counsel for the Respondents: SRI D. PRADEEP, AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 432L OF 2OlA ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the lollowing reliel "...to issue an appropiate Writ declaring the action of the Respondents herein in interfeing uith the business of tLe Petitioner in seruing of flauoured Hookahs and its related products in non-smoking zone as per the oct and rules at Chill on Hill Lounge Hookah Porlour uithout reference to ang rule or Jaw or ang guidelines/ regulations as illegal, arbitrary and unconstitutional contrary to the Prouisions of COTP Act and consequently direct the Respondents to permit the Petitioner to serue Jlauoured Hookah,s and its related products in non-smoking zone os per the act and ntles at Chill on Hill Lounge Hookoh Porlour without any hindrance or restiction and to pass. .."

2. I have heard Mr. A.L.Raju, learned counsel for the petitioner and Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing on behalf of the respondents.

3. Learned counsel for the petitioner pleads that seeking a direction to the respondent authorities to permit the petitioner to continue his business on serving JTauoured Hookah rn'ithout any hindrance or restriction except under law, this petition has been filed. The respondent police authorities are interfering in the narne of regulation and imposing unreasonable restrictions - without any lawful authority. Therefore, he prayed for necessar5/ .\'m../ ll;'.P. )lo. I )2 I of 20 I 8 direction s.

4. Learned Assistant Government Pleader for Home, 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 Jlauoured Hookah has not been clearly specihed by the petitioner. 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 this Court has directed petitioners/ business establishments to comply with certain conditions, and upon such compliance, the respondent police authorities were directed not to interfere with their business activities. In view of the above, he prays that appropriate orders be passed in the instant matter.

5. I have perused the materia.l on record.

6. The petitioner is running a Hookah Centre under the name and style of 'Chill on Hill Lounge, Shop No.15A, 5-9-225, Chirag Ali Lane, Abids, Hgderabad' and contends that the respondent police y,{ri I.J D:i V/.P. i\io. I )21 of 2018 authorities, without any legal prescription, are interfering with his business of serving lauoured Hookatu 7 . In 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 Tobarco Products (Prohibition of Aduertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2OO3 ('COTP Act') and upon due consideration, recorded its conclusion in the following terms: "TtLough the Act does not contemplate any licence to be taken, in tLrc larger interest of the goungsters, uho are uisiting the hookah centres, the restaurant owners shall haue o definite place for hookah / smoking. The restaurant ou)ners, tuho are hauing a separate place for smoking and for hookah consumption, shall inform the same to the Station House Officer, so that th.eg can haue suraeillance on the actiuities that are taking place in the said place and uthether the business i,s carried out as per the norms and the procedure laid down under the Act. Police under tLLe guise of this, shall not harass ttLe persons ntnning these centres uithout follouing the procedure. The offrcers, u-tho are competent alone can enter the premises. If there is any high-handed action on the part of the police, the same shall be brought to the notice of the higher authorities and theg I shall cause enquiry into the same ond take appropiate - action. " lYt_P. No. 4 j2t ol 201E

8. Furthermore, 1I1 an analogues matter, this Court issued certain directions and, upon compliance by the petitioner, restrained the respondent police from interfering with the petitioner's business. For ready reference, the relevant directions are reproduced hereunder: "ln th.e light of the inteim order granted by this Court in identical matters, there shall be an order alike in this matter also in the foLlouing term.s: If the petitioner installs uideo cameras, eitlrcr open or concealed, records its operation s and also undertakes to preserue the rer:ordings for a minimum of fifieen dags peiod, so that the police, in case of suspicion or necessitg, can replag the footage and examine as to tulrcther ang undesirable elements or Aoung persons in conflict utith lotu ore frequentlg uisiting tte petitioner's cafe for laokal4 the petitioner's cafd may be permitted to carry on its operatiors. Learned Assislanf Gouemment Pleader for Home utould suggest that: t) The Hookah centres shall not be kept open begond 1 1 .OO p.m. for its cttstomers; TheA must necessorilg exhibit the signboard tfutt theg are Hookah centres; and iii) Theg must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, euen for any other recreational purpose including consumption of coffee itside 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 15.11.2023, u:; concerning the operation of hookah centers. The relevant portion ofthe said judgment is extracted hereunder for ready reference: lYt P. Na 1)21 ol2018 "ln uieut of the aboue discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice. f. As Charcoal is being used for seruing hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 52 1(1)(b) of Greater Hgderabad Municipal Corporation Ac| 1955. iil. Since the Hgderabad City Police Act, 1348 Fasli confers pouer ouer amusement Centres/ restaurants which are defined as "public place" under the COTP Act and as per Rule 4 of the Prohibition of Smoking in PtLblic Places Rules, 2OO8 pennission is required specifuing smoking area. Therefore, to establish hookah centres, tlrc petitioners shall obtain necessary permission from the concerned auttoritg under tLe proui.sions of tle Citg Police Act. iiil. T?e Hookah Centres are prohibited from seruirug ang tobacco product to tle persons belou the age of eighteen gears. Hctoial health-utarning labels at the entrance must be displaged. iu). Tle respondents-police ore at liberty to superui.se and inspect the Hookah Centres, for ang uiolation of rules and regulations, guidelines or ciraiars issued under the proui.sions of the Hyderabad Citg Police Act, 1348 Fasli. u). If there is any uiolation of the prouisions of the COTP Act and the Rules made thereunder, tle respondents-police ore at liberty to take appropiate action as per the prouision s of the COTP Act.

25. Subject to fulfilling the aboue conditions and also the prouisions of COTP Act, tle respondents-police are directed not to interfere uith th.e business actiuitg of the petitioners for ntnning Hookah Centres. If the police are found to act in a highhanded manner, the ou)ners of the Hookah Centres are at libertg to bing the same to tLrc notice of the Director General of I I lL .P. \u li)l of2018 Police/ Commissioner of Police, as directed bg this CourT in Wit Petition No.32O2 of 2014 and batcl4 in uhich euent the said authoity shall forthutith take necessary steps in that regard." -

10. In 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 consiclered just and appropriate to dispose of the present writ petition b_t, directing the petitioner to strictly comply with the following directions. The business place must necessarily exhibit the signboard that they are Hookah Centres; ii. 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. iii. The Hookah Ccntres shall not be kept open beyond I 1.O0 p.m. for its customers; IU u The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of 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 BS - W.l>. No- 4121 of ?Ol8 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. UL As Charcoal is being used for serving hookah in the Hookah Centres, the petitioner shall obtain license from the Municipal Corporation as specified under Section .52 1(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. uii. Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/ Restaurants which are dehned 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 petitioner shall obtain necessary permission from the concerned authority under the provisions of the City Police Act. ULLL The respondents-police are at iiberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Pasli. LX If 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. f 1 1. Subject to the petitioner's 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, 2OO3 ('COTP Act'), the respondent poiice authorities are directed not to cause .rny interference in the lau,ful business activities of the petitioner. In the event of any devizrtion by the petitioner, 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 clo sed. To, S -M. JAWAHAR REDDY A SISTANT REGISTRAR ,TRUE COPY// I \ SECTION OFFICER

1. The Principal Secretary. The State of Telangana, Home Department Secretariat. Saifabad, Hyderabad

2. The Commissioner of Police, Basheerbagh, Hyderabad 3. The Deputy Commissioner of Police, Task force, Begumpet, Hyderabad 4. The Deputy Commissioner of Police, Central Zone, Basheerbagh, Hyderabad 5. The Station House Officer, Police Station Abids, Hyderabad. 6. One CC to Sri A. L Raju, Advocate [OPUC] 7 . Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CD Copies Pl^c\. TJ I].S HIGH COL,RT DATED:2911012025 ORDER WP.No.4321 of 2018 1l-lE 5 l; t\ * 1 1 r Br 2026 * I\LLOWING THE WRIT PETITION IIVITHOUT COSTS e4c, q\"\)4