fvl/s. Cloud Nine City Louange v. 1. The State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a wrrt, order or direction more pa(icularly one in the nature of Writ of [Vlandamus declaring the action of the respondents herein in interfering with the business of the petitioner in serving of flavored hookahs in their coffee shops namely l\,4/s Clouds Nine city, without reference to any rule, Law or regulations as illegal, arbitrary and contrary to the provisions under law and consequently direct the respondents not to interfere with the business of the petitioner in serving flavored hookahs to their customers at his coffee shop namely [\I/s Cloud nine city except in accordance with law. / ., { I l.A.NO:1 OF 2016 (WPMP.NO:4 6190 0F 2016) Petition Under Section 151 CPC praying that in the : ir ;umstances slated in lhe aificjavit iiieo in suppofi of tne perlrron, the High Co n may be pleased to direct the respondents not to interfere with the businer,r; of the petitioner in serving flavored hcokahs to their customers at his coffee :,-rr.p namely lr//s Cloud Nine city, except in accordance with Law. Counsel for the Petitioner : SRI MOHD ASIFUDDIN Counsel for the Respondents : AGP FOR HOME The Court made the following ORDER THE HON'BLE SRIJUSTICE N. TUKARAMJI WRIT PETITION No.37491 OF 2016 ORDER This Writ Petition is filed with the following relief "/ssue a writ order or direction more pafticularly one in the natlrre of Wnt of Mandamus declaring the action of the respondents herein in inteiering with the buslness of the petitioner in serving of flavoreC hookahs in their coffee shops namely M/s. Clouds Nine city without reference to any rule Law or regulations as i egal, arbitrary and contrary to the provisions under law and consequently direct the respondents not to inteiere with the bus,ness of the petitioner in seNing flavored hookahs to their customers af hrs coffee shop namely M/s. Cloud nine city except in accordance v,tith law."

2. Heard Mr. Mohd. Asifuddin, learned Counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 to 4

3. Learned Counsel for the petitioner submits that the petitioner seeks a direction to the respondent authorities to permit him to continue his business of serving flavoured hookah without any hindrance or restriction, save in accordance with law. lt is contended that the respondent police authorities, under the guise 2 w :rl of regulation. are interfering with the petitiot ,e''s business activities and imposing unreasonable restrictions; rvithout laMul authority. Accordingly, the petitioner prays for ti e issuance of appropriate directions.

3. Learned Assistant Government Pleader for 1 r< respondents submits that the act of serving Hookah necessa supply of tobacco products. However, the -il,y implies the r trture of the substances being used in the preparation of f/a 'c,Lred Hookah has not been clearly specified by the petitioner. A1: ar t from certain vague assertions, no specific particulars have ber rr furnished as to the alleged manner of interference by 1 re respondent authoi'ities. However, fairly concedes that in simr r ma++arc th ic Court has directed petitioners/business establishrr e nts to comply with certain conditions, and upon such c. 11,pliance, the respondent police authorities were dtrected not: :, interfere with their business activities. In view of the above i e prays that appropriate orders be passed in the instant matter

4. I have perused the material on record.

5. The petitioner is running a coffee shop undr, r .he name and style of 'M/s. Clouds Nine city' and contends thal ti e respondent : i I { -17 3 police authorities, without any legal prescription, are interfering with his business of serving flavoured Hookah' 6 ln this context, it is pertinent to note that a Coordinate Bench of this Court, in W.P No. 15944 of 2012 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 ('COfP Act') and upon due consideration, recorded its conclusion in the following terms: "Thouglt ihe Act does not contemplate arty 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 busmess is canied out as per the norms and the procedure laid down under the Act. Police under the guise of this, shall not harass the persons running these centres without foltowing the procedure. The officers, who are competent alone can enter the prem,ses lf there is any high- handed action on the paft of the police, the same shall be brought to the notice of the higher authorities and they sha cause enquiry into the same and take appropriate action " 4

7. Furthermore, in the instant petition, thir Court issued certain directions and, upon compliance by t re petitioner, restrained the respondent polrce from interl :r ng with the petitioner's business. For ready reference, the re ,;r ant directions are reproduced hereunder "ln the lght of the interim order granted by ll 's Couft in identic:al matters, there shall be an order ahke t ths matter also in the followng terms. lf the petitioner installs video cameras, ei'te , open or concealed, records l/s operations and also ,,t leftakes to preseNe the recordings for a minimum of fiftee' t ays pe od. so that the police, in case of suspicion or necess !y can replay the fctotage and examine as to whether ar, ,tndesirable elements or young persons in conflict with law tr t frequently visiting the petitioner's cafd for hookah, the pL't cner's cafd may be permitted to carry on its operations. Lea ,red Asslsfanl Government Pleader for Home would suggest tha i) ii) The Hookah centres shall not be kept ':1 en beyond 1 1 .40 p.m. ior its customers; They must necessarily exhibit the signb'a d that lhey are Hookah centres, and iii) They must also exhibit the notice boan; tt,at children below the age of 18 are not liable to be, ,tterlairrcd as guesls, even for any other recreati n tl purpose including consumption of coffee insidt: t rc Hookah Centres." B. That apart, a batch of Writ Petitions fi rc by persons similarly placed as the petitioner was consider: rl in W.P. No 8223 of 2013 and connected matters, decided ,rl' 15 11 .2023, concerning the operation of hookah centers. The :levant portion of the said jr.rdgment is extracted hereunder for rei, C ,, reference ''..- ,--frxr t, 5 I "ln view of the above dlscusslon, this Coutl is of the opinion that imposing of ceftain conditions to run the Hookah Centres wouid rteei Lite Ytti> of psiicv. i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the lvlunicipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955 ii) Since the Hyderabacl City Potice Act, 1348 Fasli confers power over the amusement Centres/restaurants which are clefined as "public place" under the COTP Acl and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2OO8 permission is required specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permissiort from the concented authority under the provisions of the City Police Act. ii| The Hookah Centres are prohibited front senting any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed iv). The respondents-police are at libefiy 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 AcL 1348 Fasli. v) lf there is any violation of the provisions of the COTP Act and the Rutes made thereunder, the respondents-police are at libefty to take appropriate action as per the provisions of the COTP Act.

25. Subject to fuffi ing the above conditions and also the provisions of COTP Act, the respondents-police are directed not to inteiere 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 tiberty to bring the same lo the notice of the Director General of Potice/Commissioner of Police, as clirected by this Couft in Writ Petition No.3202 of 2014 and batch, in which event the saicl authority shall forlhwith take necessary steps in that regard."

9. ln view of the settled legal principles discussed hereinabove, and there being no distinguishing features or 6 \.,::,,,t \' exceptional circumstances brought to the noti<; : of this Court warranting a deviation, it is considered just an,:r irppropriate to dispose of the present writ petition by directing h : petitioner to strictly comply with the following directions --he business place must necessarily s,ignboard that they are Hookah centres; They must also exhibit the notice board tl :t children trelow the age of 18 are not liable to be enl ,l,ained as guests, even for any other recreational purpo!:) ncluding consumption of coffee inside the Hookahk Ce, tr :s. The Hookah centres shall not be kept ot, rn beyond 1 '1.00 p.m. for its customers, iv. The Hookah Centres are prohibited from r; ;r,ring any tobacco product to the persons below tl e age of eighteen years. Pictorial health-warning lal..rl ; at the entrance must be displayed v. lr the petitioner shall install video cameras, eitl e open or concealed. records its operations and shall p :::erve the recordings for a minimum of thirty days per ,J so that the police, in case of suspicion or necessity, :zn replay the footage and examine as to whether any . nr:lesirable elements or young persons in conflict wilrr Iaw are frequently visiting the petitioner's caf6 for hoolr : i VI As Charcoal is being used for serving hoc, .ar in the Flookah Centres, the petitioners shall obtain I e rce from the lVlunicipal Corporation as specified und )r Section t' l, Wg, " "'v 7 521 (1Xb) of Greater Hyderabad [t/unicipal Corporation Act. 1955 Since the Hyderabad City Police Act, 1 348 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. viii. fhe 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 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 appropriate action as per the provisions of the COTP Act. '10. 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, 2003 ('COTP Act'), the respondent police authorities are directed not to cause any interference in the lawful business activities of the petitioner. ln 8 [email protected] . :t..',;l&i.i \..-::f1:.. the event of any deviation by the petitioner, it shall re open to the respondent police authorities to initiate and purs. r: appropriate proceedings in accordance with law.

11. With the above direction, this Writ Petition i: irllowed. No Miscellaneous petitions, if any, pending in thr, F,etition, shall stand closed. //TRUE COPY// SD ASSI .II. PONNA KRISHNA dr{ur REGISTRAR \. S TION OFFICER To \ at Hvderabad ,;'i"";;i.sioner Of J fvf rrOri Road, Khaiaq ud a,

1. The Principal Secretary, Home Department' Secretarii' 3tate of Telangana of Police Cyberabad Cyberabacl ( r rmissionrate Near , ?i - 'lr'4anikonda Hyderaba' ' ? The Deoutv t:ommissior#r Jt-ioiii" cvUeran'ad Cybc 'r )ad Commissionate ' N;;idi:Ji,iril;i n;; khaiaguda trilbnikonda. Hvd' 't oad' 4. The Starion House oni..r.6l1"n]6o*ri FoiiCe station. l;rchibowli, Hyderabad 5. i;; cc;l" cF ron norrii,-uigL court for the State rf relansana at 6. il;"""bCi; dnr l,lbno ASIFUDDIN, Advocate [oPUC 7. Two CD CoPies Hvderabad. [OUT] ' SA GJP /,.. r-: - 10 i i it: HIGH COUR.T DATE D: 1 210912025 ORDER WP.No.37491 of 2016 ALLOWING THE W.P WITHOUT COSTS. to l0 12.(