M/s. Chill Top v. 1. The State of Telangana

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 more particularly one in the nature of Writ of [Mandamus, declaring the action of the respondents more particularly the respondent no.4 & 5 herein interfering with the Restaurant and Coffee Shop Business of the petitioner running under the name and Ade as Mis. Chill Top situated at Plot No.41&46, Surve_y__-!r1o.135, Neknampur, Alkapuri Village, Gandipet Mandal, Hyderabad- 500 089 in serving of flavored Hookahs without their being any contravention of COTP Act 2003 without reference to any rule, regulations or law by the Respondents as illegal, arbitrary and in violative of Articles 19 (1 ) (g) of the Constitution of lndia apart from being violation of Principles of l,latural Justice and consequently direct the respondents police to permit the petitioner to continue his business of serving flavored Hookahs in his cafe shop without any hindrance or restrictions in the interest of justice. lA NO: 1 OF 2025 petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the res;pondents police particularly respondents 4 and 5 to permit the petitioner to continue his business of serving flavored Hookahs in his Cafe shop i.e., [//s. chill Top situated at Plot No.41 and 46, Survey No.135, Neknampur, Alkapuri Villa1le, Gandipet Mandal, Hyderabad-soo 089, without any hindrance or restrictions, p,3nding disposal of the main writ petition' Counselfor trhe Petitioner: SRI P.N. ARUN KUMAR Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR ON o. 5 ORDER: Heard learned counser for the petitioner and learned Assistant Government pleader for Home appearing for respondent Nos.1 to 5. with their consent this writ petition is taken up for disposar at the admission stage itserf. 2 This writ petition is filed seeking foilowing prayer:- "to issue a wrtt, ord.er or Direction more particularry one in the nature of wit of Mandamtts, d.bdaring tie a.ction of the respond"ents more particulare the respondent Nos.4 and s herein tnterfering with the Restaura.nt and Coffee Shop guiiness of the petitioner running und.er the name and stgte as M/ s. ChiU'lop situated at plot Nos.41 and 46,"Sy.No.1SS, Neknampur, Alkapuri Village, Gand.ipet" Mq.nd.q.l, Hyderabad SOO AB9 (heretnafter refeied as ,cafe shop') in seruing of flauored. Hookais wtthout their bei-ng ang contrauention of COTp Act, 2OO3 without reference to ang.,rule, regulations or lqw bg the Respondents as ilregar, arbitrary and. in uiotaiiue of Articles 19 (t) (g) of the Constiiution of India apart from being uiola"tion of principtes of Niturar Justice and consequentlg, d.irect the respond.ents police to permit the petitioner to continue his buiiness of seruinq flauored Hookahs in his caf€ shop without any htndrance or restrictions." 3' The facts of the case in brief as stated are that petitioner along with partners claims to be Proprietor of the cafe shop. It is submitted that tire petitioner has obtained all necessary permissions from rrarious authorities to run its business. The 4..,' petitioner has applied for provisional trade license from GHMC. 2 The resp<lndent authorities are restricting the petitioner from serving flervoured hookahs in the said Cafe Shop. Questioning the same, the present writ petition is filed.

4. On a perusal of the COTP Act, 2003, Sub-clauses (b), (k) and (n) of Section 3: Definitions, reads as under: " (b) cig arette irrcludes,-- (i) any roll of tobacco wrapped in paper or in any other substance not containing tobacco, (iil an!.t roll of tobacco wrapped in an!.1 substqnce containinq tobqcco, which, bq4 re*Son o.f its appearance, the tupe o.f tobacco used in the filter, or its packaainq and labellinq is likelu to be offered to, or purchased b!1, consumers as ciqarette, but does not include beedi, cLrcroot and cigar; (k) production, uith its qrammatical uartqtions ana cognate expressions, includes the making of cigc'.rettes, cigars, cheroots, beedis, cigarette tobacco, pipcz tobacco, hookah tobacco, cheuing tobacco, pan ma:;alq" or anA chewing material hauing tobacco as one of its ingredients (bg whateuer name called) or snuff ctnd shall include-- 0 packing, labelling or re-labelling, of containers; packages; and (ii) re-packing from bulk packages to retail (iii) the adoption of any other method to render tLrc tobacco product mqrketable; (n) smoking, means smoking of tobacco in any forrru whether in the form of cigarette, cigar, beedis or otLuzrwise with the oid of a pipe, urapper or anA other insil,ruments;"

5. Section 4 of the Act stipulates prohibition of smoking in a public pla,ce. As per the State Amendment of Gujarat, Section 4A has been inserted which is extracted hereunder for reference: J " Prohibition o f hookah b ar. - - 4 A. N otwithstanding anything contained in this Act, no person shal| etttrcr on his ou)n or on behalf of ang other person, open or ntn anA hookah bar in aruy place including the eating krcuse. Explaruation.-- The term eating house shall twue the same meaning as assig ned to it by clause (5A) of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951)."

6. Similarly the State of Maharashtra also inserted Section 4A as was inserted by State of Gujarat.

7. This court has taken note of the above amendments carried. out by other States in their respective statutes on the subject which may serve as useful guide.

8. Section 6 of the Act refers to prohibition on sale of cigarette or other tobacco products to persons below the age of 18 years and in particular area. g. Section 7 of the Act stipulates Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products. Sub Clauses of Section 7 are as follows: "7 (1).... (2) No person shall carry on trade or commerce in cigarettes or anA other tobacco products unless euery package of cigarettes or any other tobacco products sold, supplied or distibuted bg him bears tLtereon, or on its label, the specified warning. 4 (3) No person shatl import cigarettes or ana other toba.cco products for distribution or supptg for a. uc'.luable consideration or for sale in tiiii unless eL'ery package of cigarettes or anA other tobacco products so imported by hirn bears thereon, or on its la,bel, the specified. warning. 4.... (5,' No person shall, d_irectly or ind"irectty, prod,ce, supply or distribute cigarettes or ang othei tobr""o products unless euery package of c@arettes or any otlrcr tobacco products produced., supplied. i, di:;tributed by him ind.ica.tes thereon, o, oi its label, thtz nicotine and tar contents on each cigarette or as thtz case maa be on other tobacco prod.ucls along utith thcz maximum permissible limits thZreof: Pr<tuideci that the nicotine and. tar contents shall not exceed the maximum permissible q'uantity thereof as mcLA be prescribed by rules mad.e und.er tiis Act.,,

10. Ser:tion 1 1 of the Act reads as follo,uvs: 7 7. Testing laboratory for nicotine and. tqr contents: Fo, purposes of testing the nicotine and. tar contents in cig,zrettes and ang other tobacco prod.ucts the central Gouernment shall bg notifi.cation in the official Gazette grant recognition to such testing laboratory as that Goiternment mag deem necessary.

11. sec'tion 72 of the Act deals with po,*,er of entry and search, which reir.ds as under: "(1) Any police officer, not below the rank of a sub'-inspector cr ana officer of state Food" or Drug Adrninistration or qna other officer, hording ie equiualent rank being not belotu the rank oj sua- Inspector of Police, authorise sid.e bg the central Gou,erttment or by the State Gouernmint mag, if he has any reason to suspect that anA prouisjon o1 tm" Act ha.s been, or fs being, contrauened., enter and. sea."ch in the manner prescribed", at anA reasona"ble timel ang factory, building, business pr."*i""" or anA otLrcr place" 5

12. Section 13 of the Act reads as under: "Power to Seize: (1) If any police officer, not below the rank of a sub-inspector or anA officer of State Food or Drug Administratton or anA other officer, holding the equiualent rqruk being not below the rank of Sub- Inspector of Police, authoised bg the Central Gouernment or by tLrc State Gouernment, ha.s qnA reason to belieue tlat,-- (a) in respect of any package of cigarettes or anA other tobacco products, or (b) in respect of ang aduertisement of cigarettes or anA other tobacco products, the proulsions of this Act haue been, or are being, contrauened, he may seize such package or aduertisement material in the manner prescribed. (2) No package of cigarettes or ony other tobacco products or aduertisement material seized under clause (a) of sub-section (1) sholl be retained bg the offtcer who seiz,ed the package or aduertisement materia.l for a period exceeding ninety days from the date of the sei"zure unless the approual of th.e District Judge, uithin the local limits of uhose jurisdiction such seizure wa.s mad"e, has been obtained for such retention."

13. Section 7 of the Act stipulates label on any tobacco products with specified warning. The petitioner nowhere made submissions to the extent of hookah tobacco contents that would be served to their customers. The petitioner intends to supply hookah without any brand or label, which is against the provisions of Section 7 'of the Act. That apart, if the petitioner is allowed to mix any product by whichever name it is called generally, referred as flavoured hookah, without any approrrals and whether the nicotine and other contents are permissible and -/""" 6 such flavoured hookah is permitted to serve to their customers, the quality checks goes unchecked

14. This Court in similar circumstances disposed of the writ petition in W.P.No.24155 of 2025 dated 22.08.2025 and the operative portion of the said order reads as under " 7 9. Recording the submlssion made by the learned counsel appearing on either side and in terrns of Common order dated 15.1 1.2023 in W.P.No.B223 of 2013 and batch, this writ petition is di.sl"osed of leauing it open to the respondent authorities to pass appropriate orders on *Le representations made bg the petitioner to respondent authorities on 09.06.2025, 13.06.2025 and 05.07.2025 and pass appropriate oi,rders in terms of the common order passed bg this Court on 15.11.2023 qnd as per the prouisions o/ COTP Act, the petitioner maA workout appropriate remedies as auailable under law in the pending Cr.No.143B of 2025.

20. Accordingly, this writ petition is disposed of."

15. This Court in the above writ petition also referred to W.P.No.8223 of 2Ol3 and batch dated 15.1 1 .2023 and the operative portion is extracted herein for reference: "24. In uiew of the aboue discussfon, this Court is cf the opinion that imposing of certain conditions to 7 run the Hookah Centres would meet the ends of justice. i) As CLnrcoal is being used for seruing lrcokah in the Hookah Centres, the petitioners sholl obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. iil Since the Hgderabad City Police Act, 1348 Fasli confers power ouer thp amusement Centres/ restqurants which ere defined as "public place" under the COTP Act and as per Rule 4 of tlrc Prohibition of Smoking in Public Places Rules, 2OOB permission is required specifging smoking area. Ttrcrefore, to establish hookah centres, the petitioners sha.ll obtoin necessary permission from the concerned authority under the prouisions of the City Police Act. iii) Th.e Hookah Centres are prohibtted from seruing ang tobacco product to the persons below the age of eighteen Aeq.rs. Pictorial health-warning labels at the entrance must be displaged. iu) The respondents-police are qt liberty to superuise and inspect the Hookah Centres, for ang -uiolation of rulei and. nguiitioi", guideiines or circulars issued under the prouisions of the Hgderabad City Police Act, 1348 Fasli. u) If there is any uiolation of the prouisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the prouisions of the COTP Act." T 8

16. Accordingly, this writ petition is disposed of in terms of ordei's passed in W.P.No.24155 of 2025 dated 22.08.2025 and W.P.No.8223 of 2Ol3 and batch dated 15.11 .2023, granting liberty tcr the petitioner to file a representation to respondent authoritir:s for serving flavoured hookah and it is left open to the respondent authorities to pass appropriate orders on the represenl-ation, if any made by the petitioner to respondent authoritir:s in terms of the aforementioned orders passed by this Court and as per the provisions of COTP Act. It is made clear that, it Ls for the respondent authorities to pass appropriate orders for permission strictly in accordance with law. Needless to say that [he respondent authorities shall follow due procedure as contemplated under law before initiating any action against the petitione::

17. Accordingly, this writ petition is disposed of. There shall be no orcler as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/- L.VIJAYA LAXM I ISTANT REGISTRAR '/ //TRUE COPY// SECTTON OFFICER To, 1 2 3 The Principal Secretary, Home Department, Secretariat Buildings' Hyderabad' The Director General of Police, DGP Office, Lakdikapul, Hyderabad 500 004' The Crtmmissioner of Police, Cyberabad' Cerr.F) - -

4. The Deputy Commissioner of Police, Rajendranagar Division, Ranga District. 5. The Station House Officer, Narsingi Police Station, Cyberabad Commissionerate.

6. One CC to SRI P.N. ARUN KU[/AR, Advocate [OPUC] 7 . Two CCs to GP FOR HOtvlE, High Court for the State of Telangana at Hyderabad . [OUT]

8. Two CD Copies PMK TKS PnL. HIGH COURT I DATED:1411012025 ;r,y o O ( * THE.i}x.; 2 0 Fi:B i';i?i * ORDER WP.No.24943 of 2025 DISPOSING OF THE WRIT PETITION WITHOIJT COSTS PPtq" rl \:-\>+