The High Court · 2025

l.A. NO: 1OF 2016(WPMP . NO: 17228 OF 2016) - ---Petition-unadisecticinl 51 cpc praying that in-therc-iicilmEtahces state-d'in the affidavit fited in support of the petition, the High court may be pteaseJ oiiect the respondents herein not to interfere with the business or the petitioner-in serving flavored hookahs to their customers at his coffee shop with'name "HABlBl GAFE" except in accordance with law, ending disposal of the above writ petitio;. Counsel for the Petitioner: SRt S.DALJ|TH STNGH (NOT PRESENT) Counsel for the Respondents: SRI R.LAXMIKANTH REDDY, AGp FOR HOME The Court made the following: ORDER THE HON'BLE SRIJUSTICE N. TUKARAII/I'I WRIT PETITION No. 13797 OF 2016 ORDER This Writ Petition is filed with the following relie' '7ssue a writ, order or direction more pafticularl / )ne in the nature of Writ of Mandamus, directing the respondent authorities to permit the petitioner to cottl 1ue hls bushess of seNing flavored hookahs in his (( Tee shop by name "HABlBt CAFE" without any hindran:' or restrictions except under law."

2. None appeared for the Petitioner

3. Heard Mr. R. Laxmikanth Reddy, learnec Assistant Government Pleader appearing on behalf of responc( 1t Nos.1 to 4

4. Learned Assistant Government Pleader for the r )spondents submits that the act of serving Hookah necessaril) mplies the supply of tobacco products. However, the na t re of the substances being used in the preparation of flavout td Hookah has not been clearly specified by the petitioner. Apart -om certain vague assertions, no specific particulars have been f rrnished as to the alleged manner of interference by the -espondent authorities. However, fairly concedes that in similar ratters this I P "l 2 \ . ,' 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. ln view of the above, he prays that appropriate orders be passed in the instant matter

5. I have perused the material on record

6. The petitioner is running a coffee shop under the name and style of 'Habibi Caf6' and contends that the respondent police authorities, without any legal prescription, are interfering with his business of serving flavoured Hookah

7. ln this context, it is pertinent to note that a Coordinate Bench of this Court, in WP. 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 Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ('COTP Act') and upon due consideration, recorded its conclusion in the following "Though the Act does not contemplate any licence t: be taken, in the larger interest of the youngsters' whc tre visiting the hookah centres, the restaurant owners s all have a definite place for hookah / smoking. The resta't znt owners, who are having a separate place for smokin| Itd for hookah consumption, shall inform the same t( 'he Station House Officer, so that they can have surveiht tce on the activities that are taking ptace in the sad plac( nd whether fhe busrness is carried out as per the normlt tnd the procedure laid down under the Act. Police under the guise of this. shalt not harass lhe persons running I tse centres without fotlowing the procedure. The officets. '/ho are competent alone can enter the premises. lf there ts )ny high-handed action on the pad of the police, the ; me shalt be brought to the notice of the higher authoritie; znd they shalt cause enquiry into the same and ?ke appropriate action."

8. Furthermore, in the instant petition, this 'l lurt issued certain directions and, upon compliance by tf ( petitioner, restrained the respondent police from interferir; with the petitioner's business. For ready reference, the releve lt directions are reproduced hereunder: "tn the light of the interim order granted by this O uft in identical matters, there shalt be an order alike t t this matter also in the following terms: lf the petitioner installs video cameras' either ctr concealed, records ifs operations and also undefta preserve the recordings for a minimum of fifteer period, so that the police, in case of suspicion or nec can replay the footage and examine as to whetn undestrable elements or young persons in conflict w are frequently visiting the petitioner's caf6 for hoolt, petitioner's cafe may be permitted to carry operations. Learned Assislant Government Plet L Home would suggest that. )n or -es Io rsslty, r any th law h, the 'n its zr for 4 --\ --qn \r! i) ii) The Hookah centres shall not be kept open beyond 1 1.00 p.m. for its customers; They must necessarily exhibit the signboard that Ihey are Hookah centres; and iii) They must also exhibit the notice board that children below the age of 1 I are not liable to be enteftained as guesfs, even for any other recreational purpose including consumption of coffee inside the Hookah Centres."

9. That apart, a batch of Writ Petitions filed by persons similarly placed as the petitioner was considered in W.p. No. 8223 of 2013 and connected matters, decided on 15.11.2023, concerning the operation of hookah centers. The relevant portion of the said judgment is extracted hereunder for ready reference: "ln view of the above dr.scussron, this Court is of the opinion that imposing of cedain conditions to run the Hookah Centres would meet lhe ends of justice. i). As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. ii) Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as "public place" under the COTP Act and as per Rule 4 of the Prohibition of Smoking in- Public Places Rules, 2008 .permission is required specifying smoking area. Therefore, to estab/ish hookah centres, the petitioners shatl obtain necessary permission from the concemed authority under the provisions of the City Police Act. iii) The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Piclorial health-warning labels at the entrance must be displayed iv). The respondents-police are at libefty to supevise and inspect the Hookah Centres, for any violation of rules and q regulations, guidelines or circulars issued under the pn visions of the Hyderabad City Police Act, 1348 Fasli. lf there is any violation of the provisions of tl t COTP v) Act and the Rules made thereunder, the respondet'l -police are at liberty to take appropriate action as per the provt 'ions of the COTP AcL

25. Subject to fulfilling the above conditions and t provisions of COTP Act, the respondents-police are not to inteiere with the business activity of the petitit running Hookah Centres. lf the police are found to highhanded manner, the owners of the Hookah Cenhe libefty to bring the same to the notice of the Directot of Potice/Commissioner of Police, as dtected by this Writ Petition No.3202 of 2014 and batch, in which tt' said authority shall forthwith take necessary step; regard." ln view of the settled legal principl()r '10 so the tirected ers for ; are at )eneral )oud in ent the in that discussed hereinabove, and there being no distinguishinSl features or exceptional circumstances brought to the notice ,f this Court warranting a deviation, it is considered just and 3 )propriate to dispose of the present writ petition by directing the petitioner to strictly comply with the following directions. The business place must necessarily exr :it the signboard that they are Hookah centres; They must also exhibit the notice board thal rhildren below the age of 18 are not liable to be enterli {ned as guests, even for any other recreational purpose i rcluding consumptron of coffee inside the Hookahk Centte ;. The Hookah centres shall not be kept opert beyond 1 1 .00 p.m. for its customers; I \ 6 lv. 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 v. lf the petitroner shall install video cameras, either open or concealed, records its operations and shall preserve the recordings for a minimum of thirty days period, so that the police, in case of susprcion or necessity, can replay the footage and examine as to whether any undesirable elements or young persons in conflict with law are frequently visiting the petitioner's caf6 for hookah As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1 Xb) of Greater Hyderabad Municipal Corporation Act, 1955. vl. 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 permtssion is required specifying smoking aiea. Therefore, to establish hookah centres, the petitioners shall obtarn necessary permission from the concerned authority under the provisions of the City Police Act. viii. The respondents-pollce 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 ) I I I I IX lf there is any violation of the provisions of the C( TP Act and the Rules made thereunder, the respondelrl -police are at liberty to take appropriate action as )er the provrsions of the COTP Act.

11. Subject to the petitioner's strict complia I )e with the conditions stipulated hereinabove, and with the pro isions of the Cigarettes and Other Tobacco Products (t) ohibttion of Advertisement and Regulation of Trade anrl Commerce, Production, Supply and Distribution) Act, 2003 ('C: TP Act'), the respondent police authorities are directed not t cause any interference in the lawful business activities of th: petitioner. ln the event of any deviation by the petitioner, it shall t e open to the respondent police authorities to initiate and purs- : appropriate proceedings in accordance with law. 12 With the above direction, this Writ Petition s allowed No costs. Miscellaneous petitions, if any, pending in tl-t Petition, shall stand closed. That Rule Nisi has been made absolute as above' Witness THE HON'BLE THE GHIEF JUSTICE APARESH l( JMAR SINGH' on this FRTDAY, rHE rwELFrH oovti'tl?tirtrElirwo rHousAI' D AND rwENw FlvE I /.K.BHAVANI SWAMY I SISTANT REGISTRAR A C /TTRUE COPY// ( SECTTON OFFICER ,/ ,/ To 1 2 The Principal Secretary, Department of Home' Secrt: rriat' Hyderabad' State ?t^:t1Hils, ch;'iJ;;;;;ie-, Khaiasuda' Manikoinda' Hvderar i J' of potice, cyberabad,state of rr r ngana, cyberabad "ner The Deputy Commissioner of Police, Cyberabad, State of Telangana, Cyberabad Commissionarate, Khajaguda, Manikoinda, Hyderabad. The Station House Officer, Gachibowli Police Station, Hyderabad. One CC to SRI S.DALJITH SINGH, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies

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7. PSK. BS a -::-l'/-- ) t liiEs Y 0 3 ':,t 202[ r)/ (r ): \ Jt t * HIGH COURT DATED:1210912025 \ ORDER WP.No.13797 of 2016 ALLOWING THE WRIT PETITION WITHOUT COSTS x i E- 1;:,::" ''--. *--:.*J*,