Writ Petition No. 15283 of 2025 · The High Court · 2025

Judgment

1. 2 ...RESPONDENTS Petition under Articre 226 of the constilution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction and more particurarry one in the nature of inrit of mandamus decraring the action of the respondents herein interfering with the business of the petitioner under the name and styre of "The story cafe,,, situated at Prot No.55 and 60, Kompary, Medchar-Markajgiri, in serving fravoured Hookah, without reference to Rule, Law or regulations as illegal, arbitrary and contrary to the provisions of corp Acr, 2023 and in vioration of Art-14 and 19(1)(g) of the constitution of rndia and consequenfly direct the respondents to continue their business of serving fravoured Hookah in petitioner business premises without any hindrance or restrictions. i j lA NO: 1 OF 2025 Petition under St:otion 1 51 cPC praying that in the circum:ta nces stated in the affidavit filed in s trpport of the petition, the High Court may br: pleased to direct ihe respondents rore particularly Respondent No.3 herein -ro to interfere with the restaurant business of the petitioner running under the r anle and style as ,,The story cafe" in Flot No.55 and 60, Kompally, Medchal-lla lka igiri District' Telangana in servinq fl;r,roured Hookahs to its customers pending dis;posal of the writ petition. Counsel for the Petitiorer: Mrs. DEVINENI RADHA RANI Counsel for the Respoldents: GP FOR HOME The Court made the forlowing: ORDER __fl \r 1 ! (--: 7 TIIE HON'BLE SRI J srr NAGE.SHBHEEMAPAKA WRIT PETITION No.15283 of 2025 ORDE,R: The action of respondent aurhorities in i,terfering with the petitioner,s business, under the name and st.vie ..The Story Cafi,,, at plot Nos.55 and 60, Kompally, Medchal-Malkajgiri, in serving ,,Flavored Hookah,,, is challengeci as ilfegal and contrary to the provisions of COTp Act.2023. 2- Heard Mrs- Devineni Radha Rani. learned cormsel for the petitioner; and learned Govemment Pic:ldcr ioigorle. perused the tccord.

3. When rhe L$eitel is rail,n tip., it is rcpiesenlcd b.y the lcamed courriel that the subject matter of this wrir petigi.n is cc,vered by the common opder dated 15.11.2023 passed by '.his Courr iyr W.p.No.g223 of 201_l and tatch; a^d therefore similar order ma.; be passed in this writ pctition irlso.

4. lhis Court disposeC $i.P.No.S22j ,:i' 2tjlj and tarcli, by Cornrnon Order dated 15.11 .2023,1,1, c,tiser.;ing as ii>llows: "24. ln view of the above discussiufl, this Court iE of the opinion ihat imposing of Certain conditions lo run the Hoakah Centre, y/ould meet the ends of justice i) As Charcoal is bsing used for serving hookah in the Hookah Centres, the petitioners shali cbtain iicence fronr the Municipal Corporation as specified under Section I?1(1Xb) of Greater Hyderabad Municipal Corporation Act, i9SS. ii) Since the Hyderabad City police Act, 1348 Fasli confers power over the amusement Ccntres/restaurants which are defined as "pubfic place" under the COTP Act and as per Rule 4 of the Prohibitton of Srioking ,r, prrbiic places R.ules, 2OOg pemission is required specifying smrrlinll a,rer. Therefore, to establish hookah I \ I b**r.; xr-)o 2 centres, the petitioners shall obtain necesisary pernission f.onr the concemed authority under the provisions of the City police Act. iii) The H(nkah Centres are prohibited from serving any lobacco produc.t tc the persons below the age of eighteen years. t,ictorial health-warning labels at the entrance must be displayed. iv) The reripondents-police are at liberty to supervise anrJ insPect the Hookah Centres, for any violation of rules and regulatir)ns, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli. v) lf there is any violation of the provisions of the COTP Act ,tnd the Rules mad: thereunder, the respondents-police are at libertJ to take appropriatr) action as per the provisions of the COTp Act.

25. Subject to f llfilling the above conCitions and also the provisio ns cf COTP Act, the respondents-police are directed not to interfere with the t,usiness activity of the Fetitioners for running Hookah Centres. lf the policr: at.e found to act in a higthanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commisriioner of Police, as directed by this Court in Writ petition No.3202 of .2014 and batch, in which event the said authority slrall f,:rrthwith tako necessary steps in that regard."

5. Considenng the respective submissions, this rvrit Feti..ion stands disposed of in tem s of the Common Order dated 15.11.2023 ir. \\'.]r.No.g223 of 2013 and batch, and for the reasons alike. No costs. Miscellare()us petitions pending. if any., shellstand closed. //TRUECOPY// ]\\. 'SD/- T.TIRIJMALA DEVI \DEPUIY REGISTRAR SECTION OFFICER To, 1 The Principal S,ecretary, Department B.R.Ambedkar T e langana Secretariat, Hyd erabad, Telanganer Slate of Honl6. Govt. o Telangana, /

2. The commissioner _of porice, Rachakonda porice commissionerate, Malkaiqiri. _Cou4 .orpf"r, Sni,i'' irrrga Ramakrishnapuram post, near Colony, Vayupuri, Neredmet, Secunderab"ad _ 500 056. '

3. The station House.officer, per Basheerabad, poric_e station, opp. Excelency Garden, Mairi Road, Kompa lly, MedchallValtiajgiri, f.ela;gan; 4. One CC to Ms. DEV|NENI RADHA RAN|, Advocate [OpUC] 5. Two CCs to GP FOR HOME, High Court for the State of TeJangana at Hyderabad [OUT]

6. Two CD Copies $" @rnngwith the copy of orirer dated 15.11.2023, in w.p.No. B22s ot 2o2g) BSR -li HIGH COURT DATED:281051,?025 VACATION COURT ORDER WP.No.15283 of 2025 \ ri rj .A ; j :1 0 itrf ;[m L) t ' ,.)' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q gD t I k ') TIIE IIONOURABLE SRI JUSTICE C.V. BIIASI{AR REDDY WRIT PDTITION Nos.8223 /2O13 ,3+27 120L5.4574212022, 4650512022. 152, 1L27. raog. t935.2729. 2735.2954.3L24. 3758 3744 4150 4297 43o4 4330 4562 4680 5084 5097 5147 5t49 6510 6523 7lag 7297 7485 75o4 7949 7963 a1t7 4226 4246 826a 8498 8509 8564 9558 tot22 to425 1o775 1081+ r1008 tt2t3 r.1463 t2360 to24l 124A2 L4129 t4134 15706 16172 16839 17917 18351 18829 19005 19051 t9742 2228a 22292 22305 23734 23a92 24696 25044 25836 26t72 27223 2776L antl 30952 of 2o23 COMMON ORDER: Since the issue involved in all these Writ Petitions is intrinsically interconnected, they are being taken up and heard together and disposed of try this common order.

2. As the respondents have filed consoliclated counter afhdavit in Writ Petition No.46505 of 2022, the said Writ Petition is taken up as a leading case.

3. W.P.No.46505 of 2022 is filed under Article 226 of t}:'e Constitution of India, seeking the following relief: 'to poss an order, direction or a Wit particularlg in the nature of Wit of Mandamus directing the respondents herein to ollow the petitioner herein to serue hookah in his establishment fieellJ as long as he follows the "Cigqrettes ancl Other Tobacco Products (Prohibition oJ Aduertisement and Regulation of Trade Commerce Supplg and Distibution) Ac| 2003 and rules and that the petitioner be allotued to serue hookah in open areas and smoking zones and to issue necessary directions to the effect that no coercive action of ang nature ought to be initiated ogainst the petitioner or his establishment namely "Resign Skg Bar" located in Madhapur." 2

4. The casc of Jle petitioner is that he is running the n:sr-aurant under the nane rnd style 'Resign Sky Bar' since manl' yei Lrs and also obtained t rac t license from the Greater Hyderabaci Mr rnicipal Corporation, Hydt:rabad. It is further case of the petit or:er that owners of certain I ( staurants had fi1ed Writ Petition 56'f,11{)2 of 2O)'4 ald batch on tht: lle of this Court, wherein this Court vid: < ommon order dated '2/ .O L2O77 . allowed the petitioners thereir' t c serve Hookah as long e s they fo11ow rules and regulations an I rLlso the conditions stlp,rrla ted therein like having CCTV camera; i Lnd not serving to mln,trs otc.,. It is further case of the petitioncr tl at even though the restaurlnt owners are following the rules and t eg''rlations as prescribed uncer the Cigarettes and Other Tobac':t' I'roducts (Prohibition of r\<l'rertisement and Regulation of Trade' Cc'mmerce Supply an<1 Di,stribution) Act, 20O3 (for short "COTP Act, 20t)3"), the task force police urrder the controi of respondent No ll arc ;is ting the business place :rrLtl foisting false cases with a malahde i I te ntion to force the ownors of the business establishments to sh'rt d cwn the hookah sales and -rsage, It is further case of the petitioncr that the owners of the resla urants again approached this Court and ILled Writ Petition W.P,Iilos.2'2O6 O and 23213 of 2077 and this Ccurt vide common order rlztecl 02.O8.2017 disposed of the saicl V/tit Petitions and orderecl that the restalrrant owners are free to nrn their ,. l 3 restaurants as per rules and regulations arrd that if police takes any steps, the petitioners therein were given liberty to approach the Director General of Police/ Commissioner of police and lodge complaint regarding illegal interference of officers. It is further case of the petitioner that even though restaurant owners are running hookah Centres strictly inconformity with the directions issued by this Court, the respondents-police are raiding the hookah Centres and registering false cases under Sections 188, 270, 272 and, 32g IPC. It is further case of petitioner that cases under aforesaicl Sections cannot be hled against the restaurant owners if they serve hookah to their customers and that there is no general ban on selling tobacco and tobacco products. It is further case of the petitioners that owners of the restaurants filed Criminal Petitions vide Crl.P.No.5619 of 2O2O and batch on the frle of this Court seeking to quash the proceedings in respective Crimes/Calendar Cases/ Sessions Cases registered for the offences under Sections 188, 269, 270, 272, 273, 328, 336 &, 42O read with 34, 149, 511 of IPC; Sections 3(m), 2Ol2), 21(1),21(2), 22, 7(31 and 7(s) of the CoTP Act, 2003 and Sections 58 and 59(i) of the Food Safety and Standards Act,2006 (for short 'FSS Act). This Court vide common order dated

10.06.2022, allowed the said Criminal Petitions, quashing the proceedings in the respective Crimes/ Calendar Cases/Sessions 4 Cases in tenns; o1 the common order, dated 05 07 ''2021 pe ssed in Mohd. Jameel Ah ned vs. State of Teldngdnal lt rs furthel case of the petitioners th rt since there is no prohibition under llCtTP Act' 2003 to se:,"',: lr'.lokah, interference by the respond'lnr s-police amounts to violatrcn of the rights guaranteed under Article 1tt(1)(g) of the Constitution of India and also the provisions of COTP l ':t 2OO3'

5. A consolicl ttecl counter afhdavit has been iilcd by the respondent Nos.1 1o 5 in W.P.No.4 650512022, wherein inter olia it is stated that tl.te p::ilioners are seeking to give a directiotL t'r permit runningof"HookahParlour"andservingofHookahinficsllaurants beyond the areas ,lesignated by the statute lt is further s;tzrted that the details ol Lho;e Hookah centres/Hookah Parlou rs/ I {ool.ah Bars are conspicLtousl.r missing. The petitioners without mellliotLing that they are cotnltlvi :l g with various statutory provisions of C )TP Act' 20O3, havc sim;lv averred that they are serving hookrh in their premises. It is lurther stated that no statute or regulaLi'rn refers to Hookah Cenlres/tlookah Parlours/Hookah bars ln the counter affidavit, the rt:l;ponclents have referred various r:onslitutional provisions relatitrg to health and right to life It is stittell by the Ir Ldia, it is respondents th.r1 aS per Article 27 of tlrc Constitution o the responsiLrilit v' of the Government to direct its pol Lcy towards . ' 2022 cr\tl 6lt 5 securing tender age children and give them opportunities to develop in a healthy manner. It is further stated that World Hea_lth Organization Framework Convention on Tobacco Control (WHO FCTC) and its guidelines provide the foundation for countries to implement and manage tobacco control. The WHO has introduced MPOWER measures which correspond to one or more articles of the Framework Convention, to assist in reducing the demand for tobacco products at country-level. It is further stated that hookahs are smoked in a closed cabins or rooms and persons who smoke, sit for hours together and inhale much more smoke than those who smoke cigarette for 3 to 4 minutes. It is further stated that Hookahs sometimes called \rater pipes' and they are used to smoke specially made tobacco that is available in a variety of flavors, such as apple, mint, cherry, chocolate, coconut, licorice, cappuccino, and watermelon. It is further stated that Hookah smoking is typically practiced in groups, with the same mouthpiece passed from person to person. Water pipe smoking delivers the addictive drug nicotine and it is as toxic as cigarette smoke and due to the mode of smoking including frequency of puffing, depth of inhalation, and length of the smoking session, hookah smokers may absorb higher concentration of the toxins found in cigarette smoke. It is further stated that a typical one hour long hookah smoking session involves inhaling lOO- 6 2OO times the volr,rme of smoke inhaled from a single ci 3trrette' Hookah smokers z re at risk for the same kinds of disease s t hat are caused by cig:Lrett: smoking, including oral cance;', lung cancer, stomach cance rr t;itncer of the esophagus, reduced lurlg fi rnction, and decreased ferlitity. Hookah smoking is NOT a sale altr:rr'ative to smoking cigarcltes. The charcoal used to heat tobacco in t re hookah increases the LLeetlth risks. Even after it has passed throilglt water, the smoke pr'tclr- r:ed by a hookah contains high le'"'t I 'rf toxic compounds, inc)udrng caJbon monoxide, heavy metals, t llc cancer causing chenricals lnd thus prayed to dismiss the wnt p(titicns'

6. Heard bcth sides ald perused the record.

7. The learnerl counsel for the petrtioner subrnitte<i that the responden ls- polic: :rre frequently interfering wilh the relitioner's business activ t\' :f scwing hookah in the designated s m ok Lng area in the restaurant :ncl preventing the petitioner from doirLg tr:rde lt is further submrt tec that the action of the respondents in trs <rng the petitioner to s:op ,rf1-ering hookah in the absence of anli tn:'terial to show that thr: bu:;tncss is in violation of the guidelines pr:sr ribed by the Apex Cortrt itt Narindet S. Chadha u. Municipal Corporation of Greoter Muintbai2 and the COTP Act, 20C3, a.n('unts to '(zot,r) ts scc e6q infringement of fundamental rights and the same is illegal and improper. Learned counsel submits that continuous interference of the respondents is causing irreparable damage and harassment to the petitioner and to the reputation of business. Learned counsel further submitted that in catena of cases, this Court has clearly in unambiguous terms stated that police under the guise of implementing the regulation shall not resort to cause inconvenience or aly harassment to the customer/person present there or to the owner of the restaurant, when the business is lawful and legal, there cannot be any prohibition. It is further submitted that the petitioner is holding all the required licenses such as GST, Sales Tax, Food, Trade, Labour etc., and also paid advance tax. It is further submitted that the respondents are not having power to interfere with the petitioner's business activity as long as he follows the guidelines issued by the Hon'ble Supreme Court in No,rinder S Chadhc's case (supra) and also the provisions of COTP Act and the regulations made thereunder. Thus the learned counsel prayed this Court to allow the writ petitions as prayed for.

8. On the other hand, the learned Special Government Pleader for Home appearing for the respondents opposed the writ petition and relied upon the provisions of Sections 4, 5, 6, 7 , 8, 9, 10, 1 1, 13, 15, 77 and 18 of COTP Act, 2003. He argued that COTP Act, 2003 has 8 not only incluc t:d cigarettes like Cigarettes (Regulat ions of Production, StLpp .1' artd Distribution) Act, 1975 but also rrr:ught all other forms of t:bacco products (both smoking and s'mrrkeless); Prohibition of sm,rktng in public places; lmposing nationrvic e public smoking ban and specified particular places as non-smo1<ir: g zones; Ban on tobacco acvertising and sponsorshrp; Ban on saLlt: to minors and in an area ',vithin radius of 100 yards of any r:dr Lcational institution; Displaying of pictorial health warning labe ls: 'lhat the specified health vr;rrnings must occupy at least 4Onl of tlLe rrrincipal display area on tt-'e front panel of the pockets, and shzLll b:: rotated every 12 months; that the law also prohibited more t:ran two languages from ceing used on the pack to ensure th:lt specilied warning is legib1,: and prominent. It is further submittel rhat with effect lrom ortr O^tober, 2012, the Government began sc-ce ning two anti-tobacco acl'r,:rtiscments in movie theatres and t':levision' Nicotine and Tat contents of all tobacco products must l e clearly displayed on rhe l)acks. Producers of tobacco prodtLcts nlt-t'it ensure that these haLrm f'r1 contents are within the maxilnunr pe rmrssible limits as prcs;cri:ecl by the rules The iearned Spccial (-io'/ernment Pleader furtht'r srrbmitted that Ruie 4 of the Prohibitron of Smoking in Public Places Ru1es, 2OO8 (for short "Rules, 2008") nr:nciates that the owner, pr,rprietor, manager, supervisor or in-charge r'i t he affairs 9 of a hotel having thirty or more rooms or restaurant having seating capacity of thirty persons or more and the manager of the airport may provide for a smoking area or space as defrned in rule 2(e). As per Rule 4(3), no service shall be allowed in any smoking area or space provided for smoking. Therefore, no ash trays, lighters, matches or other things to facilitate smoking are to be provided in a public place as per Rule 3(c) of the Rules, 2008. It is further submitted that as per Rule a $)@), smoking in public places is completely banned and foi a lerson visiting a Restaurant or a Hotel satisfying the statutory requirement, the Hotel or Restaurant may designate a separate area or space as per the definition of smoking area in Rule 2(e) and such a person visiting the hotel or a Restaurant is free to smoke in the desigrrated smoking area. The Restaurant or the Hotel wiil not provide any smoking apparatus or anything that aids smoking. It is further submitted that Rule s (t)(c) specifically places a bar on the owner, proprietor, manager, supervisor or incharge of the affairs of public place to ensure that no ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place, therefore the necessary corollary that would follow is that, there cannot be active participation of the persons incharge of managing a restaurant or a hotel to provide smoking aids. As such smoking of hookah cannot be aided by the 10 restaurant or" a h(tei merely since it has a smoking room :tttilched to it. It is further sub:nitted that what cannot be permitted in tt.e public area of a restlurant cannot be stretched to mean th:rt it can be provided in the st n oking area. It is further submitted thar the Trade licences obtained b1, the petitioners from the Greater tly derabad Municipal Corporrrtion, does not disclose that they have l--t:en issued after a declar,,ttic rt that they are running "Hookah Cetttrt:s" The learned Special ,l overnment Pleader relied upon Sec tion 52 1 of GHMC Act, whic I specifically states that no person shall rvithout licence keep, rn lr upon any premises, for sale or fcrr otl ter than domestic use, an]. article specified in Part III of Sched'rle P. It is further submitterl that Charcoal, which is used to :iacilitate the smoking of the Hrnkah is an Article mentioned in Part III 'rf l'ichedule P. The use of ch arcoal for the purpose of Hookah smol rntl is vcry dangerous ancl ca Ir pose a risk of fire accidents apart front creating a nuisance to 1.he 1,r:rsons who may visit the Restaurant or H'ltel lt is further subrnitte<l that the licences of the petitioners dcr no1 disclose that they h:n'e litecl declaration that they intended to urse Trade Licences to pernLrt Hookah smoking. There rs no occirsjolt for the Municipal aulho-ities to consider this aspect. The lear lerl Specral Governmenl Pleir,ler further submitted that even tLLo ug :l earlier batch of cases hz ve been disposed of by this Court, the is su.es raised 11 in these writ petitions are not specifically adverted and this Court has not taken into consideration that Hookah is also a Tobacco product and the provisions of COTP Act, 2OO3 apply. It is further submitted that prayer sought in these writ petitions is in the nature of restraining the authorities from inspecting the premises where Hookah centres are being run and in fact as per the provisions of Hyderabad City Police Act, 1345 Fasli, the police has power to inspect any public place for the offences committed under the said Act, i.e, exposing of body in indecent manner, possession of suspected articles, indecent acts in streets etc., committing nuisance in or near public place. It is further submitted that since the observations made in the earlier batch of cases does not specihcally restrain or declare the powers exercised by the police officers as illegal, the police ofhcers are entitled to supervise and inspect, seize and seal the petitioners establishments if any violation is being found under Section 12 of COTP Act. Since the orders passed in the earlier writ petitions, does not give trlanket protection or recognizes the independent existence of "Hookah Centres", the judgments relied upon by the petitioners are not helpful to the case of the petitioners and therefore, the learned Special Government Pleader prayed for dismissal of the writ petitions. t2

9. It is ap r arLd appropriate to extract some of -ih e relevant provisions of COT? Act, 2003, which are as follows: "3. DeJinitiorTs. Itr this Act, unless the context othenuise r:quite' , (a) "aduertiseme r t" in.cludes ang uisible representation bg Dall a.j nrtice, circutar, IabeL urapper or other document and also inclu.d:s ang announcemcnt tnctde orallg or bg any means of producing or tran!:m1;.ting light, souttd smoka or gas; (b) "cigar.tl( in'. udes,- (i) an1J toll o.f r'ltocco wrapped in paper or in ang other substtincr not containirul toba,:< ct, (i) ang ro'I oJ obacco wrapped in enA substance contoiiinq lobtrcco, which, br1 rcasrr of its appeorance, the tgpe of tobacco usccl in tiLe J;,Ller, or its packaqinlt and labelling is likety to be offerecL to, or oitrc,',i,sett. bg, consu/nelsi ls c c ore.tte, but does not include beedi, cheroot and ci'1at : (c) "distriltttttott,ncludesdistibutionbguagofsamples,L)lLetli.e.frteor olhe-nuise' : (d) "expon', wtllt its grqmmatical uaiations and cognqte ed.lr,lrssions, meons takilg o tl a-f India to a ploce outside India; (e) "foreign lanVrcrgt:" meqns a language uthich ts neither tn ln dian language nttr the Ertglislt language; A 'impott, ri.,i I it.s qrammatical uaiotons and cognate e-!rr r-ss rons, means britgrirtg it'Ltt) lndio from a place outside India; (g) "lndiat ltng tage' means a longuoge speciJiecl in the E;ghth Scht d.ule to the Conslitltt c n, anrl includes ang dialect of such languoge; (h) "labct' rle( r s enA Luitten, marked, stamped, pinled tr gnrphic matter, affL. ed \', or qppeoing upon, ang package; (i) "pacfurye itu l .tdes a wrapper, box, carlon, tin or other a)trto1tlt t'; (1) "prescribcd" reans prescibed bg rules made under this Act; (k) "pro.lLtctroit . Luilh its grammatical uaiations ond co(,'nate expressiorr-.. rn: urles the makrng of cigqrettes, crgars, cheroots, beedis, cigarette. tol)ec':(), pipe tobacco, hookah tobacco, cheutintl toba.co, Pan mqsqlct or cLng chetuing material hauing tobacco as one of its inqreaients (bg tuhateuer n'tne called) or snuff and shall include (i) packtncl, 1ab< l'inll or re-labelling, of containers; 13 (ii) re-pscking from bul| packages lo reta packaggs; and (iit) the adoption of ang other melhod to render the tobocco product morketable; (l) "pubtic place" means ang place to tuhich the public haue access, uhether as of ight or not, and includes auditoium, hospital buildings, railuay uaiting room, amusement centres, restaurants, pubtic offices, court buildings, educcttional instihttions, libraies, public conuegances and the like uthich are uisited bg general public but does not includ.e ang open space; (m) "sale", tuith its grammatical uaiations and cognote expressions, meo.ns anlj transkr of propertg in goods bg one person to another, uhether for cosh or on credit, or by utag of exchange, qnd whether u.tholesale or retail, and. includes an agreement for sale, and offer for sale and exposure for sale; (n) "smoking", means smoking of tobacco in ang fonn uhether in the fotm of cigarette, cigar, beedis or otherwise uith the qid of a pipe, u)rapper or anA other instntments; (o) "specified u)arninq" means such uarnings qgaiftst the use of cigarettes or other tobacco products to be pinted, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as mag be prescibed by rules made under this Act; (p) "lobacco proclucts" means the products specified in the Schedule.

4. Prohibition oJ slnoking in a public place. No person shall smoke in ang public place: P'rouided thqt in a hotel hauing thirtg rooms or o restqurant hquing seating capocitA of thirtA persons or more and in the airports, a separote prouision for smoking area or space mag be made. 5. Prohibition of qd.aertisernent oi cigo.retfies @nd. othet tobacco products. (1) No person engaged in, or purported to be engaged in the production, supptg or distribution of cigarettes or qnA other lobacco products shall aduertise and no person hauing control ouer a medium shall cause to be aduertised cigaretles or anA other tobacco products through that medium and no person shall tqke parl in onA adueriisement uthich direcllg or indirectlg suggests or promotes the use or consumption of cigarettes or anA other tobacco products. (2) No person, for any direct or indtrect pecuniary benefit, shall- 74 (a) dispktg, ((ttlse to displag, or permit ot oulhoise to disPltTA ang aduertisemelTt o)' 'igerettes or anlJ other tobocco Product; or (b) seil c'r coltsc lo sell, or permit or quthoise to selt o film or utdeo tape contain'nll T.luertisement of cigarettes or anA other tobacco Frocruct (c) di-.ldblttt', ccuse to distribute, or permit or authoise to di::tiirute to the ptibllc ahll leaflet, hand-bill or document ruhich is ot u))tch contains oi ,1du )'tisement of cigarettes or onA other lobacco Pro'7L ctl or (d) en:'-:l. exhtbtt, frx or retain upon or ouer ang land. buildintl. Loall, hoarding, jritm(, post or stnrcture or upon or in ang uehicle tr ::hall display m anll r anner Luhqtsoeuer in any place any aduerttsernent of cigarelTes ()r anlt )ther tobacco product: Prouid.ed thot th : sub-section shall not Qpplll in retation to- (a) an adtetisetrie nt of ci!)arettes or anA other tobacco product 1t1 o-n a package containitrg cigarettes or anA other tobacco product; (b) aduerti.*me L' of cigqrettes or ang other tobocco Prodttct tLlicn is displagecl at ll ( cntrence or inside a ucLrehouse or o shctp tu,tere cigarettes tt rd ( t,il other tobocco products are offered for dtstnbt ttic n- or sale. (3) No per:;o\, :l'oll, under a controct or olherutise promate ot cgr(e to promote tie use t'r consumption ot (q) cigarelt.s cr anq other tobacco product; or (b) anLl t,ode nvtrk or brand n\me of cigarettes or anlJ other lob tcco product in erchnn.ge for a sponsorship, gift, pnze or schoLarshttl given or ogre e ot. lo It,: c1i,.:ctt bg another person-

6. Prohibition c,n s@le ol cigdrette or other tobacco Products to a person below the sge ol eighteen years *nd in Particuls.r qt'eo..-No person slrrl' se'l ofJbr for sale, or permit sale of, cigarette or rll t'ther tobacco p,orluc:t (a) to on!) per-.cn r Ltho is under erghteen gears oJ age, anc!. (b) in or a,ea L,.ithin o radius of one hundred gards of atty eLt.u )at'onal instituli(),r

7. Restrictton:t on trdde and conmerce in, and production, supplg and d.istribution oJ cigarettes o'nd other tobacco products. (-') No person slloll, t'irectly or indirectlg, produce, supplg or dlstrbute cigarettes (,r (t,1J otller tobocco products unless sl)evq pc]ct:age of cig(trettes t)r ,1tl!l other tobocco products produced, stLpl:liett, or dlstibutecl ,\g lttm bertrs thereon, or on is labet such specirted tta'ning incluclinq o pi.:tttl.iol utarning as maA be prescibed. t5 (2) No person shall carry on lrade or cornmerce in cigarelTes or any other tobacco products unless euery package of cigarettes or anA other tobacco products sold, supplied or distibuted bg him bears thereon, or on its label, the specified uarning. (3) No person shall import cigarettes or anA other tobacco products for distibution or supplg Jor a ualuable consideration or for sale in India unless euery package of cigctrettes or anA other tobocco products so imported bg him bears thereon, or on its label, the specified. u.taming. (4) The specified utarning shall appear on not less than one of the largest panels of the package in which cigaretles or anA other tobacco products have been packed for distibution, sale or supplg for a ualuable consideration. (5) No person shall, directlg or inclirectlg, produce, supplg or distibute cigarelles or ang other tobcrcco products unless euery package of cigarettes or qnA other tobacco products produced, supplied or distibuted bg him indicates thereon, or on its lqbel, the nicoline and tar contents on each cigarette or as the case rictA be on other tobacco products along uith the maximum permissible limits thereof: Prouided that the nicotine and ter contents shall not exceed the maximum permissible quantitA thereof as mag be prescribed bg nies made under this Act.

77. Testing laborotory for nicotlne and tar contents.-For purposes of testing the nicottne and tar contents in cigarettes and anA other tobacco products the Central Gouertment shall bg notifcation in the Official Gazette grant recognition to such testing laboratory as that Gouemment maA deem necessary.

12. Pourer of entry and search.-(ll Ang police oJfcer, not belou the rank of a sub-inspector or ang officer of State Food or Drug Administration or anA other off.cer, holding the equiualent rank being not belotu the rank of SubJnspector of Police, authoise side bA the Centrzl Gouernment ot bA the State Gouernment mag, if he has ang reason to susped that anA prouision of this Act has been, or is being, contrauened, enter and search [n the manner prescibed, at anA reosonable time, ang factory, building, business premises or anA other place,- (q) where ang trade or commerce in cigarettes or onA other tobacco products is carried on or cigarettes or onA other tobacco products are produced, supptied or distibuted; or (b) where ang oduertisement of the cigarettes or anA other tobacco products has been or is being made. (2) The prouisions of the Code oJ Ciminal Procedure, 1973 (2 of 1974), shall apptg to euery search and seizure made under this Act. 16 73, Power to s."-i.ze.-(1) If ang police offi.cer, not belou the rank oj a ;ub- inspector or uW DlJicer of State Food or Drug Administration or or,11 c'ther officer, lnlding the equiuqlenl rank being not below the ranl:' 1f :)ub' Inspector of Pob::. tuLthorised bg the Central Gouernment or bq tL e {late Couernmet has ang reason to belieue that,- (a) in res,')€ct of any package of cigarettes or qng othet 'ohicco producl:;. 0- lb) in respe<t cf ang oduertisement of cigarettes or anA other '.ob 1(:ca producl:;, the proui:,to,ts (I this Act haue been, or are being, control,eneo', 'ie ma! selze sucn Lacka(le or cduenisement m(lteial in the manner prcsrrtb zcl. (2) No ltackalt of cigarettes or aftg other lobacco prod',Lct:: or alluerlise,tl.t ttt rtrterial seizerl under clause (a) of sub sectlotl ()) ;hc'll be retained i.tLl the cfficer Luho seized the package or ctduertis<:ment t n.al eriol for a pent'd ey,\'eding ninetA daAS from the dote of the ;eiz11r. ul .less the approall af the Distnct Judge, within the locat linits oJ u) lose luisdicti c, t t su,:lt seizure was made, ho,s been obtained ft'r suclt retention.

74. Coralisc.rtion of packagq Ang package of cigarettes or @'q )ther tobacco protlucl s or ang aduertisement moterial of cigarettes ot antg tther tobacco pro'Iuc s, in respecl of uhich ang prouision of thi:; Act hts \een or is beinq cottt'c,uened, shall be liable to be confiscated: Prouidecl iha1, L.'here it is established to the satisfaction oJ tlte .outl adjudguq lh<t ,tirfiscotion that the person in uhose possessi,',r, Pluer or contr.)i a,rg -;ttch package of cigarettes or onA other tobacc(' l'rotlucts is found is aol r,'spotzsible for the contrauention oJ the prouis[cn; o-: tltis Act. the aa!-Lrt nta11. instead of making an order for the conJlst ctti tn of such packacle, t'.c.ke such other order authoised bg this ,\ct aJ( itl:'t the person c7 rtltg oJ t lu' breach of the prouisions of this Act cts it rna'.1 ilir k Jit.

76. ConJiscatior. not to interfere with other Punishment\;.-No conrtscatlon rnc.le, cost.s ordered to be paid under this Act shcLll Pr')ueftt the infLic:iotr oJ rrnLl punishment to which the person affected lh?reblJ is Iictble touler tht ':rouisions of this Act or under ang other kt.ut.

20. Punishtnent Jor lailure to give specified uarning and. nic"ttine and t@r <:ontt'nts -(1) Any person who produces or manulf a(tures cigareltc:: )r tebacco products, Luhich do not contain, eith:r or'. the package t'r on. 'lteir label, the specifted warning ctnd the ricotitr et d tar contents, :h.rl' i,- the case of first conuiction be punishaL'ie Luith impison'ne nt 1ir o tenn uhrch rnag extend to two Aeats, or i )itl Jqne uhich mcLg ex ( tt(L to Jl.ue thousand nlpees, or Luith both, Ltnc ,fc'r the second (\ sub;,quent conuichon, with impisonment for a t{'rt'' ullich mag extenC to flue Aears and uith fine uhich maA exte\i.l. l't ten thousan(l ntpe,.:;. ) 77 (2) Ang person uho sells or distibutes cigarettes or tobacco produds u.thich do not contain either on the package or on their label, the specified u.nming anrl the nicotine and tar contents shall in the case of first conuict[on be punishable with impisonment for a term, uhich mag extend to one Aear, or uith fine uhich may extend to one thousand ntpees, or uith both, and, for the second or subsequent conuiction, with impisonment for a term uhich maA extencl to tu)o Aears and uith fine tDhich mag extend to three thousand, rupees.

27. Punishrnent for stnoking in certain places.-(1) Whoeuer contrauenes the prouisions of section 4 shall be punishable with fne which mag extend to tulo hundred rupees. (2) An offence under this section shctll be compoundable and shall be tied summaily in accorclance uith the procedure prouided for summary tials in the Code oJ Ciminal Procedure, 1973 (2 of 1974).

10. On earlier occasions, identical issues to the cases on hand, carne up for consideration before this Court in W.P'No'3202 of 2074 and batch, W.P.No. 14093 of 2071, W.P.No.4942 of 2012, and W.P.Nos.22O6O of 2Ol7 an.d 23273 of 2077

11. In Writ Petition No.32O2 of 2074 and batch, this Court dealt with a similar situation where the police were interfering with the business activities of the petitioners therein, in serving flavoured hookah in their coffee shops. Dealing with the said aspect and also taking into consideration various provisions of the COTP Act, the petitioners cases were rejected, holding as under: Insofor as the interference of the police are concerned' it is "16. pertinent to note thal the prouisions of Section 12 of the C)TP Act conler pou,ers to the police not belou the rank of Sub Inspector of Police or any olficer of the State Food or Drug Ad.ministration or ang other officer, hotding the equiualent rank being not belottt the rank of Sub lnspector of Police authorized bA the Central Gouernment or by the State Gouernment, 18 mq!!, if he has t'rg reoson to suspect thqt any prouision of thrs .\ct hcls beeru or ts being .otltrauened, enter and search in the manler presct;.bed at ang retL.sc'naltle time at factory, building, business or an11 othcr Dlcce. lr. th.e hgLlt of this prouision and Section 14\) C|.P.C., lhe 17 contentiot . af th: leqrned Counsel for the petitioners that the a.tt; o, the Police am)Llnt tt infingement of fundamental ights and ;hat t'h: p,tltce ore not the coi petent authoitg, but it is onlA the G.||.M.C th.t ts competeni. lo Lttler.lbre with the business of the petitioiers. LL lLo are seruing Hookhas (Loes ftot haue ang force. Therefore, this Courl ii oi the uielD that urrdet fection 12 of the Act and Section 149 C..P.C., th? p )lice inchtding the olher authoities as authoized bg both Central on.L ::tate Gouernmcnts hru,e tmple powers to inspect the business premises o'tlte petitioner.; In this regard, the leqrned Counsel for the petiticn,t,s hcts failcd to r:krce c.ttr1 such authoitA, under uhich, the G.ILM. J rs orrlA competeni to itt!:l,ccl fhe business of the petitioners in seruincl llotl:.qt..

18. 1r. tieu, of the foregong disanssion, this Court is of rhe li?lD tlrut the actiar o.l' th: respondenls police is in accordance with latu ond ang i erference bu tilts Court u)Lth the pouers oJ the police in th.is rc,rur,7 b! exercistng tlle I'(LUers under Section 226 of the Constihttion o1'Jtdtz, is noL wo t tLL J.

19. tr|'t\rc, the Director Generol of Police, Telangona Slcrl:, i-s directed tc jak( lpproprlate action against the olficers for thetr na )tlotr tn respec; of th. restauronts being used as hookah centres altd al;o to take actic,rt ctclc,i tst the fugh-handed acts of the officers, uho tn'.er1'ered u)ith the 'esta l..otts, uhrch are being run oithout there Lern-q any uiolqtion,.

12. In W.P.No.l.l093 of 2O7l-, a learned Single Juclge ,rf this Court referring to the order passed rn W.P.No.32O2 ol 2Ol1 and the judgment of t-re I{onble Apex Court in Narinder S,C:hacl.ha and i 79 others u. Municipol Corporation of Greoter Mumhai (supra), held as under: "The facts in W.P.No.32O2 of 2O14 and batch ere same and similar to the facts osserted in the instant LUit petition. Further, as rightlA pointed out bg lhe respondents there cqn't and ought not to be a blqnket direction agatnst the respondents for such dtrection utrtuatlg preuents the Potice from euen knouing or inuestigating uhat is actuallg happening in the name of Jlauoured hookahs. The decision of Hon'ble Supreme Court is distinguishable to the fact situation of this case, for a Circular was challenged in the reported case qnd the legalitg of the Circular utas considered ond decided. Whereas in the case on hand the praAer and the cause of action are on alleged intetference bg Police against JTauoured hookahs seruing and no LurilTen order or proceeding is placed on record to examine the legalitA of such order or proceeding. Therefore, hauing regard to the uieu tttken in the common order dated 27-01- 2O17 in W.P.No.32O2 of 2O14 and batch, I am satisfied that the ir.stant utit petition can be dismissed bg adopting the same reasons."

13. In W.P.Nos.22O6O of 2017 and 23273 of 2077, a learned Single Judge of this Court vide order dated 02.O8.2O17, observed as foliows: " 17) The two judgments refered to aboue dealt uith sifi/.o.tion lDhere the interference of the police in the business of the petitioners in serving Jlauoured hookah wqs in challenge. Situ.ltion on hand now is totallg difJerent and still uerse in uieut of the notiftcation dated 23.05.2O17 tuhich prohibited seruice in smoking area or space prouided for smoking. AdmittedtlJ, hookah is a product uthich contains tobacco and uhen aruy product contains tobacco, the same h(,.s to be pufJed in a non smoking zone. Iru uieut of the circular issued by the Gouernment, seruice of hookah euen in the no smoking zone utould be impertnissible. 20 18) lt is to l,e noted here that the aboue said prouision utiil ,tp1;lg iJ the holel/''.sta t'ant hc.s 30 rooms and the coffee shop has set.ting capacitg (,1' ,lO Fersons or more, uhich does not mean that l ookti' ccl'L be freelg suppl ec7 r. a restaurant where seating capacitA is le-s-s tll(/rl :iO or a hotel ullarc tl t re ttre less number of rooms."

14. As per isection 4 of the Act, if the restaur:lnt has seating capacity of llO pt::'sons or more, a separate provision fc': srnoking area has to be ptrrvicled. The word Hookah has not been d'.rhned in the COTP Ac1. Sr:r-tion 3 (k) of the COTP Act dehnes "prolu':tion"' A reading of the saic provision would show that the word "prc duction" includes mak:,ng of clgarettes, cigars, cheroots, l:eed is, ' cigarette tobacco, pipe tobrr:co, hookah tobacco, chewing tobacco 1)alr masala or any chewinq nr rterial having tobacco as one of its in;redients (by whatever narne cirlled) or snuff. Therefore, it implies tna: all the tobacco prorlncts rvhich are taken with the aid of p1pe. wl apper or any other instrltrrents would fall within the definitic,n o1'lie< tion 3(n) of the COTF' r\ct. lf the restaurant or coffee shop f allirLg w ithin the ambit of Secl ior 4 of the COTP Act, has to providt: a separate smoking zonc. 'l1t: Government of India has issued a nolification in the month 01 Mar'. 2017, which clearly indicate thal- no ser"ice shall be allowed irt a s,tnoking area or in the space provided firr srnoking. Therefore, the re l laurant owners shall not involve themselr'es in the act of servicc 1o tLeir customers, in the prohibited area. Serc.ion 12 of the Act confers powers to the police of{icer not below -ht rank of 27 Sub-Inspector of Police or any ollicer of authorized by the Central Government or State Government to search the premises at any reasonable time, if he suspects that the provisions of the Act are contravened namely cigarettes or any other tobacco products are produced, supplied or distributed or whether any advertisement of the cigarettes or any other tobacco products are being made. Whiie affecting a search and seizure, Section 12 of the Act clearly says, that the provisions of the Cr.P.C. have to be foilowed.

15. Having regard to the above, and taking into consideration, consistent view taken by this Court in the aforesaid Writ Petitions, this Court do not find aly illegality in police officers, entering into the premises and searching the same, so as to find out whether the owners of the restaurants have contravened or violated any of the provisions of the COTP Act and Rules made thereunder.

16. It is useful to refer and extract Article 47 of the Constitution of India, which reads as follows: '47. Dutg o.f the State to raise the letel o-f nutrition and the standard of ltving and to improtte Public heo.lth.- The State shall regard the raising of the leuel of nutition and the staftd.ard of liuing of its people and the improuement of public health as among its pimary duttes and, in particular, the State shall endeauour to bing about prohibition of the consumption except for medianal purposes of intoicating drinks and of drugs tuhich are injuious to health. 22

77. This Consrtitutional Provision specificalh' t1e alr'i with improvement c,f Jnrblic health a primary duty of tl-re Sitrrtt. The Court shoulc enfo:'ce this duty against a defaulting loca} ar rthority. Any article rvh ick is hazardous or injurious to public 1 ea lth is a potential danger .o the fundamental right to life guarar-rteerl to the citizens under Arli:lc 21 read with Article 47 and a para.nlor Int tluty is cast on the Strtes and its authorities to achieve an:ppropriate level of protecriolr to human life and health. Further, resLrictions imposed bv law fcr sllpply and serving of tobacco product,; l:rcluding serving hooka.e cannot be said to be violative of Art:c.e l9(l)(g). Having regard to the principles contained in Article '1? of the Constitution. the S;tate or its authorities are having right to regulate the sale of tobacco product which includes runnlng of hookah centrcs. While gr rr-rting license to run the restaurallts, tlle State or its authonties nlr.lit resort to strlct scrutiny of the applir:zitrons. For the purpose of grrrnt of licence, the law as contained in th: rules, did not contain any rrovision for relaxing aly condil ion . .n Vincent Pc,nikurlango,ra u. Union of Indias the Hon'ble Sulrrenre Court obser-ved thzrt "maintenance and improvement of ptlblic llealth have to rank high.r,s tlrcse are indispensable to the very physicrrl r:xistence of the comrnuni.,r' and on the betterment of these clepe lrds, the t eIR t98l SC 9!)0. (19t I ) 2 SCC 165 I building of the society of which the Constitution makers envisaged' Attending to public health is of high priority'

18. Section 4 of the COTP Act defines prohibition of smoking in a public place. It states that no person shall smoke in any public place. Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports' a separate provision lor smoking area or space may be made' Admittedly, the petitioners in all these cases have obtained licence to run the hotels / restaurants ' Section 6 of the COTP Act prohibits sale of cigarette or other tobacco products to a person below the age of eighteen years and in an area within a radius of one hundred yards of any educational institution' A conjoint reading of Section 6 read with Section 4 of COTP Act clearly indicate smoking of tobacco in any form is prohibited in public places like Hotels' Restaurants and Airports. Rule 4(3) of the Rules' 2OO8' a smoking area or space shall be used only for the purpose of smoking and no other service(s) shall beallowed.Acarefulreadingoftheaboveprovisions'wouldindicate that the Hotels and Restaurants where normally food is supplied' are prohibited from smoking of any tobacco product' unless a separate area is made to allow smoking' Therefore' the contention of the that the licence obtained by them to run the petitioners 24 Hotels/ Restaurarts also allows them to have smoking of h6ol:ah and run hookah cr:ntres is not tenable 19 The pelir-rorx:rs having obtained ricence tc, rLlrr eotels/ restaurants have to comply the conditions imposed b1, the \{r-rnicipal Corporation, wher-r zrs Section 4 of the COTp Act, prohibits s:noking rn a public placr , Therefore, the conditions imposr:rL for granting trade licence t,l ntr Municipal Corpora t ion I Iotels/ Restaurants are va rying from the conditions that are inc,tr[rorated under the provisiorLs of COTp Act. The licence obtained f,l rrnning Restaurants urh ich h:rve the seating capacity of thirty ll( rs.)ns or more does not conft:r. any right to the petitioners to convert th( same as a place of smokirql area or to run hookah centre. >1. the

20. Admittedly, ir the present cases on hand, the pt:titior r:r,; have obtained licence,s l,) run Hotels/Restaurants/Bars :rnrl ,"v ithout specifying any ru-ea :rs smoking zone as per the provisions of COTp Act and Rules rnade r.hereunder, as such they are not havinl; rjght to contend that the1, a re entitled to run the hotels / rt:sta u t-ar1ts as Hookah centres.

21. The Hon'bie Siuprcme Court in Narinder S. Chctd)\a u Municipal Corporation of Greater Mumbai (supra), while dr:a1ing 25 with thp Condition 35(C) of the Circular issued by the Bombay Municipal Corporation, observed as follows: '14. It tuitl be seen that Condition 35(C) of the impugned circutar essentiollA reproduces Rule 4(3) of the said Rules and then adds the taords "or anA apparants designed to focilitate smoking"- The effect of the added. utords is that a Hooktth connot be prouided bA the hotel, restaurant or airport being an apparatus designed to facilitate smoking."

16. We find it difficult to accept this contention because, if carefullg read, Rule 3 deals uith the prohibition of smoking in public places, u)hich is ref.erable to Section 4 (main part).u)hereas Rule 4 is rekrable to the prouiso to Seclion 4. Rule 3 uould onlg applg uhere there is a total prohibition of smoking in all public ploces as is clear Jrom Rule 3(1)(a) which makes it incumbent on the olune1 propietor, etc. of a public place to ensure that no person smokes in that place. lt is in that contert that ashtrags, matches, lighters and other things designed to fqcilitate smoking qre not to be prouided in public places uthere smoking is prohibited altogether. "

22. As per Section 3(1) of the COTP Act, "public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educationai institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space. As per Section 3(g) of the Hyderabad City Police Act, 1348 Fasli (for short "City Police Act"), "public place of arnusement" means every place or house or tent or enclosure or booth or any other 26 building wheth er l)ermanent or temporary where singir g, muslc, dancing or any dir c rsion or game and anythrng giving an':usetnent or the means of car -iing on the same is provided and tc' wtrich the pubiic are aclntttteC either on payment of money or with tht: i:rtention that money may lre collected from them on admission arrd shall include the race-:turse, circus, theatre, music and diirlcillg ha1l, billiard room, Eyntnasium or any other placc al:otted fr rr such purposes. As per Section 3(h) of the City Police Act, "pubJic place of entertainment" re ans any enclosed or open place to rvl'ich the public have :rc,:ess and where any kind of articles ol-food arLd drink are supplied ior ccnsumption by any person or for r-he rrof t of any person owning or having aly interest in or managin6, sucL place and sha11 include a refi eshment room, tea house, liquor houst:, lroarding house, lodgi;tg, h,)lse, hote1, tavern or sendhi, winc, gaejzr, toddy, bhung or opittnr s;hops. As per Section 3(1) of the Citlr Irclice Act, "public place" aLr;o includes the place . within the p.-errlises or enclosure of any public building or monuments and ':r11 1'laces to which the pilblic lrave access for drawing water, washing or bathing or for the purposc rtf recreation.

23. It is peltrne nt to state that "public place" as d':Iin< d under Section 3(l) of CCI'P Act, includes amusement centrcs, and 'he same is defined in "pulrltc place of amusement" under Sec'ttons 3(14) of City 27 Police Act. As per Chapter III of the City Police Act, the Commissioner of Police is having power to issue rules and regulations for preservation of order. Further, as per Section 32 of the City police Act, for enforcement of orders under Sections 22,23 and.24 of tine City Police Act, the police officer may arrest any person without warrant. As per Section 84 of the City Police Act, police is having power to speci$r conditions etc., for obtaining licences and permits. Since the City Police Act, 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. In view of the powers being conferred on the Commissioner of Police, under the City Police Act, the police are having power to supervise the business establishments of the petitioners and se2e the hookah centres if there is any violation of the provisions of the COTP Act. Therefore, to establish hookah centres, permission from the concerned authority has to be obtained under the provisions of City Police Act. The petitioners shall follow rules and regulations issued by the Commissioner of Police from time to time for preservation of the public order. 2a

24. In vielv of t h e above discussion, this Court is of t'le opinion that imposrng of certain conditions to run the Hookah Cerntres would meet the ends rf j ..r stice. i) As Char,.:oal is berng used for serving hookah in t-re Hookah Centres, thc petitioners shall obtain licence from ttre M unicipal Corporzrtior as specified under Section 521(1)(b) of Greater Hyderab:rd \lunicipal Corporation Act, 1955. ii) Since the Hl derabad City Police Act, 1348 Fasli corLle's power over the artrsement Centres / restaurants which are d":fined as "publir: pla,r,"' under the COTP Act and as per Rule 4 oi the Prohibition of Smoking in Public Places Flr' ier;, 2008 permission rs requirecl specifying smoking area 'lhet efore, to establish hookah centres, the petitioners srhall obtain nece ssary p,:rmission from the concerned authoritl u nder the provisions o - the City Police Act. iii) The Hooka,: Ce ntres are prohibited from sen"ing i r5 tobacco product tc thc persons below the age of eighreen years' Pictorial h e alth-warning labels at the entran':r: inust be displayed. iv) The resoor ttents police are at liberty to supen'ise : nrl inspect the Hookah Centres, for any violation of rules ancl reSnlations, guidelines rr circulars issued under the provis or's of the Hyderabad ,lily Police Act, 1348 Fasli. v) If there is any violation of the provisions of the C]()TI' Act and the Rules tnade thereunder, the respondetrts poli< e are at 29 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 Hooka-h Centres. If 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 Policd, as directed try this Court in Writ Petition No.3202 of 2074 and batch, in which event the said authority shall forthwith take necessafy steps in that regard.

26. Accordingly, ali these Writ Petitions are disposed of Miscellaleous Petitions, if any, pending in these writ petitions shall stand closed. No order as to costs. Date: 15. 1 1.2O23 SCS C.V. BHASKAR REDDY, J