Khaled Bahmed v. 1. The State of Telangana

4. The Sub lnspector of Police, Mr. Shiva Teja, Police Station Chandrayangutta, Chandrayangutta, Hyd erabad. HYderabad ...RESP.NDENT' 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 pleased to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the Respondents herein banning and interfering with the business of the Petitioner under the name and styie of K. PRESTIGIOUS LOUNGE AND COFEE SHOP in serving of flavored Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco products COTP Act and consequently direct the Respondents to permit the Petitioner to continue their business of serving flavored Hookahs in their coffee shop without any hindrance or restrictions except under law. IANO:1OF2018 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 herein not to interfere with the business of the Petitioner under the name and style of ''K. PRESTIGIOUS LOUNGE AND COFEE SHOP" in serving flavored Hookahs to their customers except in accordance with law, pending disposal of the above writ petition. Counsel forthe Petitioner: SRI SYED NAJMUL HASSAN BAQRI (Not Present) Counsel for the Respondents: MR D. PRADEEP, AGP FOR HOME The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.1 1793 OF 2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief "....to /ssue a writ, order or direction and more paiiculady one in the nature of wit of mandamus declaring the action of the Respondents herein banning and inteffering with the business of the Petitioner under the name and style of K. PRESI/G/OUS LOUNGE AND COFEE SHOP in seNing of flavored Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco products COTP Act and consequently direct the Respondenls to permit the Petitioner to continue their business of serving flavored Hookahs in their coffee shop without any hindrance or restictions except under law and pass. ..."

2. None appeared for the Petitioner.

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 involves the use and supply of tobacco products. He contends that the petitioner has not clearly specified the exact substances used in the preparation of the flavoured Hookah. Except for certain vague assertions, no specific particulars have been furnished regarding the alleged interference by the respondent authorities. However, 2 he fairly submits that in srmilar matters, this Court has directed petitioners or business establishments to comply with certain conditions, and upon such compliance, the respondent police authorrties were instructed not to interfere with their business activities. ln view of the above, he prays that appropriate orders be passed in the present case.

5. lhave perused the material placed on record.

6. The petitioner, who is operating a Coffee Shop and Food Court under the name and style of "K. PRESTIGIOUS LOUNGE AND COFFEE SHOP," alleges that the respondent police authorities, without any legal authority, 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 Adveftisement and Regulation of Trade and Commerce, Production, Supply and Distibution) Act, 2003 ('COTP Act') and upon due consideration, recorded its conclusion in the following terms: "n r 3 "Though the Act does not contemplate any licence to be taken, in the larger interest of the youngsters, who are visiting the hookah centres. the restaurant owners shall have a definite place for hookah / smoking. The restaurant owners, who are having a separate place for smoking and for hookah consumption, shall inform the same to the Station House Officer, 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 the norms and the procedure laid down under the Act. Police under the guise of this, shall nol harass the persons running these centres without following the procedure. The officers, who are competent alone can enler 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 authorities and they shall cause enquiry into the same and take appropriate action."

8. Furthermore, in 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 the light of the interim order granted by this Court in idenlical 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 operations 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 conflict with law are frequently visiting the petitioner's caf6 for hookah, the petitionels cafe may be permitted to carry on its operations. Learned Assistanl Government Pleader for Home would suggest that: i) The Hookah centres shall not be kept open beyond 1 1 .00 p.m. for its customers; ii) They must necessarily exhibit the signboard that they are Hookah centres; and 4 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 includinq 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 ol 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 view of the above discussion. this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of iustice. i). As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the l\ilunicipal Corporation as specified under Section 521('1)(b) of Greater Hyderabad Municipal Corporation Act. 1955. ii). Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusemenl 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. iiD. 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 iv). The respondenls-police are at liberty 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 Fasli v). If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the I I i 5 respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act. 25. Subject 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 nolice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.3202 oI 2014 and batch, in which event the said authority shall forthwith lake necessary steps in that regard."

10. 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 petitioner to strictly comply with the following directions. The business place must necessarily exhibit the signboard that they are Hookah centresi ,7. They must also exhibit lhe 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. ,rI. The Hookah centres shall not be kept open beyond 1 1 00 p.m for its customers: iv. The Hookah Centres are prohibited from serving any tobacco producl to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed 6 v. lf the petitioner shall install video cameras, either open or concealed, records its operations and shall preserve the recordings for a minamum of thirty days period, so that the police. rrr 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(1Xb) of Greater Hyderabad Municipal Corporation Acl, 1955 yri. 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 specilying 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. vrrr. The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guadelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli. A. 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. 11 . Subject to the petitioner's strict compliance wrth 1h5; conditions stipulated hereinabove, and with the provisions of the i I I i I I i To, 7 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 interference in the lavrfu I business activities of the petitioner. ln the event of any deviation 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 closed. i SD/. SRI M. JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER

1. The P Hyderabad. rincipal Secretary, Home Department, Secretariat, State of Telangana,

2. The Commissioner of Police, Basheerbagh, Hyderabad, Govt. of Telangana. 3. The Station House Officer, Police Station Chandrayangutta, Chandrayangutta, Hyderabad. Hyderabad

4. The Sub lnspector of Police, Mr. Shiva Teja, Police Station Chandrayangutta, 5. One CC to SRI SYED NAJN/UL HASSAN BAQRI, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 7. Two CD Copies MN,lT BM 4r HIGH COURT DATED:1 111112025 ORDER WP.No.1 1793 of 2018 (J 10 rt8m * * i ALLOWING THE WRIT PETITION WITHOUT COSTS tQto! e9 "il i' o'l 'l'o I