'1 . Mohd. Samiuddin v. 1. State of Telangana

Counsel for the Petitioners: SRI OMAR A PASHA(NONE A I PEARED) Counsel for the Respondents: SRI R. LAXMIKANTH REDtr' , AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.15867 OF 2017 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief. "....fo lssue a writ or order more pafticularly in the nature of Writ of Mandamus declaring the illegal action of the Respondents herein in inteiering with the business and banning the sale of hookah pols as wetl as flavored tobacco as illegal arbitrary unconstitutional and contrary to the provisions of fhe COTP Act 2003 and consequently direct the Respondenfs to permit the Petitioners to continue their busrness of selling hookah pots as wel/ as flavored tobacco without any hindrance or restrictions except under law and pass such other order.. .."

2. None appeared for the Petitioners

3. Heard Mr. R. Laxmikanth Reddy, 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 implies the supply of tobacco products. However, the nature of the substances being used in the preparation of flavoured Hookah has not been clearly specified by the petitioner. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent l i I 1 I I I I I I I I I I I I I I t i ! i I i i I 2 authorities. However, fairly concedes that in simi r r matters this Court has directed petitioners/business establishnr, 'nts to comply with certain conditions, and upon such c;c,t tpliance, the respondent police authorities were directed not t: tnterfere with their business activities. ln view of the above, r,e prays that appropriate orders be passed in the instant matter

5. I have perused the material on record.

6. The petitroner are running sole prop rdorships partnerships and either sell or supply hookahs and hookah flavoured (Tobacco) to people and businesses/ccf ee shops and they do this small business directly from therr houses and contends that the respondent police authorities, wi, .rout any legal prescription, are interfering with their bus nes i of serving flavoured Hookah and threatening them, closing ar J locking their shops and keeping them in lockups illegally withc ut raising any FlRs.

7. ln this context, it is pertinent to note that a Coordrnate Bench of this Court, in W.P. No. 15944 of 2A-t2 decided on

08.12.2022, examined the question as to whethr i' a licence is required for running a Hookah cenfer under the pr rvi5lsn. o1 16" 3 Cigarettes and Other Tobacco Products (Prohibition of Advedisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ('COIP Act') and upon due consideration, recorded its conclusion in the following terms: "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 busrness is carried out as per the norms and the procedure laid down under the Act. Police under the guise of this, shall not harass lhe persons running these cenlres without following the procedure. The officers, who are competent alone can enter the premises. lf there is any high-handed action on the pad 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."

8. Furthermore, in an analogues matter, this Court lssued 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: 4 "In the light of the interim order granted by this identical matters, there shall be an order alik : matter also in the following terms: lf the petitioner installs video cameras, either t concealed, records its operations and also unde,1 preserve the recordings for a minimum of fiftee period, so that the police, in case of suspl necessity, can replay the footage and examir e whether any undesirable elements or young per conflict with law are frequently visiting the pett cafd for hookah, the petitioner's caf6 may be per,r carry on its operations. Learned Asslsfanf Gov€ Pleader for Home would suggest that: i) ii) The Hookah centres shall not be ke,'; beyond 1 1 .00 p.m. for its customers; They must necessarily exhibit the signbcz they are Hookah centres; and iii) They must also exhibit the notice boir children below the age of 18 are not liab I entertained as guests, even for an,l recreational purpose including consum l coffee inside the Hookah Centres." buft in n this oen or xes fo t days ion or as to 'ons tn ioner's itted to ttment tl that C that ,tobe krn of

9. That apart, a batch of Writ Petitions fil:J by persons similarly placed as the petitioner was consider(), in W.p. No 8223 of 2013 and connected matters, decided c1 1S.1 1.2023, concerning the operation of hookah centers. The r ,levant portion of the said judgment is extracted hereunder for rea( y reference: "ln view of the above dlscusslon, this Courl is the opinion that imposing of certain conditions run the Hookah Centres would meet the ends justice. >l' c >1' 0 As Charcoal is being used for serv, g hookah in the Hookah Centres, the petition..s. shall obtain licence from the Municipal Corporat\ n as specified under Section 521(1Xb) of Great \. Hyderabad Municipal Corporation Act, 1955. 5 i0. Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as "public place" under the COTP Ad and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 200B permission is required specifi/ing smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the Ag Police Ad. iit). The Hookah Centres are prohibited from seruing 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 liberty to superuise and inspect the Hookah Centres, for any violatlon of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad Oty Police Act, 1348 Fasli. v). 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.

25. Subject to fulfilling the above conditions and also the provisions of COTP Act, the respondents- police are directed not to interfere with the busrness 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 libefty to bring the same to the notice of the Director General of Police/Commissioner of Police, as diected by this Court in Writ Petition No.3202 of 2014 and batch, in which event the said authority shall forthwith take necessary sfeps rn that regard." , I I i I I 6

10. ln view of the settled legal princi;rl :s discussed hereinabove, and there being no distinguishir ; features or exceptional circumstances brought to the notic,l cf this Court warranting a deviation, it is considered just anc appropriate to dispose of the present writ petition by directing lt e petitioner to strictly comply with the following directions. r. The business place must necessarily e < ribit the signboard that they are Hookah centres; ii. They must also exhibit the notice bo rd that children below the age of 18 are not liat e to be entertained as guests, even for ar) other recreational purpose including consun I tion of coffee inside the Hookahk Centres. The Hookah centres shall not be kept oper beyond 11.00 p. m. for its customers; tv. The Hookah Centres are prohibited from ser /ing any tobacco product to the persons below tl-r age of eighteen years. Pictorial health-warning labe s at the entrance must be displayed r. If the petitioner shall install video camenr , either open or concealed, records its operations a rC shall preserve the recordings for a minimum rf thirty days period, so that the police, in case of s tspicion or necessity, can replay the footage and exe rine 5S -'' *.,* ^a;rt$rjd; 'r;'; ' I t I ! Ij I I ; I I 7 to whether any undesirable elements or young persons in conflict with law are frequently visiting the petitioner's caf6 for hookah vr. 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. vri. 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 establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City Police Act. viii. Ihe respondents-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 t Act, 1348 Fasli. /x If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at libefi to take appropriate action as per the provisions of the COTP Act. I 8

11. Subject to the petitioners' strict compliii r':e with the conditions stipulated hereinabove, and with the plr visions of the Cigarettes and Other Tobacco Products (f rohibition of Advertisement and Regulation of Trade anc Commerce, Production, Supply and Distribution) Act, 2003 ('C) )TP Act'), the respondent police authorities are directed not I cause any interference in the lawful business activities of thrr p'etitioners. ln the event of any deviation by the petitioners, it sh rll 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. closed I I To, Pending miscellaneous applications, if ar I , shall stand SD/- B. REKHA RANI ASI ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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

2. The Commissioner of Police, Bhasheerbagh, Hyderabir l, Telangana. 3. The Circle lnspector, P.S. Charminar, Hyderabad. 4. The Circle lnspector, P.S. Kalapathar, Hyderabad. \

5. The Circle Inspector, p.S. Hussaini Aatam, Hyderabad. 6. The Circle Inspector, p.S. Chatrinaka, Hyderabad. 7. The Circle lnspector, p.S.Afzalgunj, Hyderabad. 8. The Circle lnspector, p.S. Chandrayangutta, 9. The Circle lnspector, p.S. Sultana Bazar, Hyderabad. 1 0. One CC to Sri Omar A pasha, Advocate [OpUC] 1 1. Two CCs to Gp for Home, High Court for the State of Telangana, at Hyderabad [OUT] 1 TJ TJ

12.Two CD Copies OA A i HIGH COURT DATED:0310912025 ORDER WP.No.15867 o12017 \ I {! f 1 S o . r'l ,,'*, \.*'\-'-o^--_ '.;..\l:l - bIUIIt I I '..,1 1i r'-l \ ..'.1' ALLOWING THE WRIT PETITION WITHOUT COSTS r BtsD bV /6N