lgnite Lounge, Represented by its v. 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 or Order or Direction, particularly one in nature of Writ of Mandamus, directing the Respondents to not interfere with the business of the Petitioner under the name and style of lgnite Lounge, location at. Block C, 3'd Floor, Sy. No. 196 (part), Kondapur Village, Serilingampally Mandal, RR District serving flavored Hookah without reference to Rule Law or regulations as such acts would be illegal arbitrary and contrary to the provisions of COTP Acl 2023 and in violation of Article 14 and 191(g) of the Cons;titution of lndia and consequently direct the respondents to continue their busint;ss of serving flavored Hookah in petitioner business premises without any hindran,:e or restrictions. _ Counsel for the Petitioner : SRI OMAR A PASHA Counsel forthe Respondents: AGP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.25596 of 2o25 This u,rit petition is filed seeking the following prayer: "...directing the respondents to not interkre with the business of the petitioner under the name and style of lgnite Lounge location at Block- C, 3rd Floor, Sy.No. 196 part, Kondapur Village, Serilingampallg Mandal, RR Distict seruing flauored Hookah utithout reference to Rule Latu or regulations cs such acts would be illegal, arbitrary and contrary to the prouisions of COTP Ac| 2O23 and in uiolation of Article 14 and 1919 of the Constitution of India and consequently direct the respondents to continue their business of seruing Jlauored Hookah in petitioner bustness premises without any hindrance or restictions..."

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5. With their consent, this u'rit petition is taken up for disposal.

3. The facts of thc case in brief are that petitioner is the Manager/Partner ol the Cafe in the name and style of 'Igr-rite Lounge' and is IN the process of establishing the 'lrEl same. The petitioner is going to serve hookah as pcr la',r,, but came to know that due to a wrong intt:rpretation by respondent authorities, the term serving hookah is made illegal. It is submitted that recently petition:r visited the office of respondent No.5 and shou,ed thern permission papers and a1i other documents, however, respondent No.5 cautionecl the petitioner from offering and st: ing hookah as the sarne is allegedly banned in H_vderabad. Questioning the samc, the present r,r'rit petition is filcd.

4. Heard learned counsel on either side and perused the record.

5. Upon perusal ol the record, it is pertinent to note that the pr:titioner has not yet established his business and is in the process ol setting up the same and in t-hat process had approached this Court in a hurried mann€'r by way of filing this u,rit petition. This Court is of the considered opinion tlrat .it this premature stage, no orclers can be passed in rhis writ petition. Further, a n rit petition cannot be decided just on the basis of assumptions arrd presumptions without bringing on record an-v positive, corroborative evidence related to or in support of his imagination. It is also pertinent to note that apart from the rental deed dated 05.08.2025 of the subject longue, petitioner has not filed an,y permissions issued by the Government enabling him to serve hookah in the said Longue and Cafe. In the common order passed by this Court in W.P.No.8223 ol 2013 dated 15. 11.2023, this Court imposed certain conditions for serving hookah. Paragraph 24 (iil of the said order is extracted hereunder for reference "24.(ii) Since the Hyderabad Citg Poltce Act, 1348 Fasli confers poluer ouer 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, 20OB permission is required specifuing smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessarA permisston from the concerned authoity under the prouisions of the Citg Police Act." As per the condition No.2a(ii), the petitioner, in order to estabiish Hookah Centre, is required to obtain necessary permission from the concerned Authority under the provisions of City Police Act. Admittedly, the petitioner has no permission from thc concerned authority under the provisions ol Cit.y Police Act ,-=.,___=:_. _ -l \--l!

6. On a perusal ol thc COTP Act, 2003. Sub-clauses (b), (k) and (n) of Section 3: Definitions, reads as under: "(b) ciga rette inclucles, (i) anU roll ttf toba.cco wrappecl irt poper or itt arttl other subslurrce not containing tobacco, (ii) nrttt roll of tobacco turappecl in artu substance containinq tobacco, tuhich, btl reason of its appearance, the t17pe of tobctcco used itt the filter, or its pctc'kaqinc.1 atrcL labellinq is likelu to be offt:recl to, or purchased bq. consttnters os ciqorctte, bttt does not in.clude lx:edi. cheroot arul ciqar: (k) production, with its grantmatical uariotions and cognate expressions, in.clucles the making of cigarettes, cigars, cheroots. beedis, cigarette tobacco, pipe tobacco, hookah tobacco, cheuting tobacco, pan masala or anA chewing mateial hauing tobacco as one of its ingredients (bg whateuer name called) or snuff and. shall incfude-- (i) packing, labelling or relabelling, of containers; (ii) re-packing front bulk pctckages to retail packages; and (iii) the adoption of anA other ntethod to render the tobacco product marketable; (n) smoking, means smoking of tobecco in ang form uhether in the fornt of cigarette, cigar, beeclis or othenttise tuith the aid oJ' o. pipe, wro.pper or anA other instruntents;'

7. Section 4 of the Act stipulates prohibition of smoking in a public place. As per the State Arnendment of Gujarat, Section 4A has been inserted which r s extracted hereundcr for reference: 7 l "Prohibition of' hr:okah bar.-- 4A.Notuithstanding anything contained in this Act, no person shall, either on his own or on behalf of ang other person, open or run anA hookah bar in any place including the eating house. Explanatiort.-- The term eating house shall haue the sante meaning as assigned to it by clause (5A) of section 2 of the Cujarat Police Act, 1951 (Bom. XXII of 19st)."

7.1. Similarly the State of Maharashtra also inserted Section 4A as was inserted by State o[ Gujarat. B. This Court has taken note of the above amendments carried out b,y other States in their respective statutes on the subject which may serve as uselul guide.

9. Section 6 oi the Act refers to prohibition on sale of cigarette or other tobacco products to persons below the age of 1B years and in particular area.

10. Section 7 of the Act stipulates Restrictions on trade and comrnerce in, an<l prcduction, suppl_y ancl distribution of cigzlrettcs anrl othcr tobacco proclucts. Sub Clauses of Section 7 are as follows: "7 (1)... 0 -r (2) No persorl shall carrA on tracle or conlnlerce itt ciqarettes or an.A other tobacco proclucts urrless euery packctge of cigarettes ctr ang other tobacco products sold, suppliecl or distribuled by hint bears thereon, or on its 'bbeL. the spr:cified ruanting. (3) ,\o person shall irnport cigarettes or enLJ other tobocco products for d.istribution or xt,oply for ct ualuable constderation or for sa.le in Inclia unless euery package of cigarettes or anu otlu:r tobacco products so imported. bg him bea.rs tlrcreon, or cttt i.t.s label, the specified warning. 4.... (5) No person shctll, directlg or tttdirectlll, protluce, supplA or distibute cigarelte's or anA ol.hcr tobacco products unless eueryl pockage of ciqctrettes or anlJ otlrcr tobucco proclu.cts procluced, supplied or distributecl by hint indicutes thereon, or on its label, tlte' nicotirte artd tctr conterlts on each cigarette or cts the case nrarl be on other tobacco prod-ucts ctlottcl tuith the rrnximunt permissible lintits thereof: Prouided. that the nicotine and tar conte'nts shall not exceed the nmximunt permissible qucLntily thercof as mag be prescribed, bu ntles ntade under this Act." 1 1 . Section I 1 of the Act reads as follovu s: 7 7. Testlng laboratory tor nicotine and tar contents: l;or purposes of testing the nicotine' and tar contetlts irt cigarettes and arty otht'r ktltacco procl ttcts the Central Gouernnrcrtt s hall bU rtotification in the Offi.cial (iazette clrartt re<:oqnition to such testing lctboratorll as thctt (joucrnntent may deent necessarLJ. I I

12. Section I 2 of the Act deals u,ith Power of entr1, and search, which reads as under: "(1) Any police officer, not belout the rank of ct sub-inspector or any officer of State Food or Drug Administration or anA other officer, holding the equiualent rank bei.ng not below the rank c;f Sub-Inspector of Police, authoise side by the Central Gouerutment or by the State Gouernment mag, if he has anA reason to suspect that ang prouision of this Act has been, or is being, contrauened, enter and search in the manner prescibed, at ang reasonable time, any factory, building, business prentises or any other place"

13. 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 ang officer of State Food or Drug Administration or anA other officer, holding the equiualent rank being ru beloul the rank of Sub-Inspector of Police, authoised bg the Central Gouernment or bg the State Gouernment, has ang reason to belieue that,- (a) in respect of any package of cigarettes or anA other tobacco products, (b) in respect of any aduertisement of cigarettes or an!/ other tobacco products, the prouisions of this Act haue been, or are being, contrauened, he may seize such package or qduertisement mateial in the manner prescibed. (2) No package of cigarettes or any other tobacco products or ad.uertisement mateial seized under clause (a) of sub section (1) shall be retained bg the officer who seized the package or aduertisement mateial for a peiod exceeding ninetg dags from the date of the seizure unless the approual of the Distict Judge, N -1 t ithitl the local lintits of whose juisdicti'trt such seizure u,tas made, has been obtained J'or such retention. " -

14. Section 7 of the Act stipulates label on any tobacco products with specified warning. The petitior-rer nou,here nrade submissions to the exten:, of hookah tobacco contents that would be served to their customers The petitioner intends to supply hookah witl-rout an1, brar-rd or lerbcl. u,hich is against the provisions of Ser:tion 7 of tl-re Act. That apart, if the petitioner is allou,ed to mix any procluct bv r.r,hichever name it is called generalh'. referred ers flavourccl hookah, without any approvals zLnd vvhether the nicotine and other contents are permissitrle zrnd such flavoured hookah is permitted to serve to their customers, tl-re qr-ralit-r' checks goes unchecked.

15. It is pertinent herein to refer the order of this Court in W.l'.No.8223 of 2O13 and batch datec 15.1I.2023 and the operative portion is extracted herein fo:' rcference:

24. In uieu of the aboue discussion, thls Court is of the opinion that imposing of <:ertain corLditions to run the Hookah Centres would meet the ends of justice. 9 i) As Charcoal is being used for seruing hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 52 1(1)(b) of Greater Hgderabad Municipal Corporation AcL 1955. ii) Since the Hyderabad City Police Act, 1348 Fasli confers power ouer 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, 2O0B permission is required specifuing smoking area. Therefore, to establish hookah" centres, the petitioners shall obtain necessary permission from the concerned authoitg under the prouisions of the City Police Act. iiE The Hookah Centres are prohibited from serutng anA tobacco product to the persons below the age of eighteen Aears. Pictoial health- warning labels at the entrance must be dtsplayed. iu) The respondents-police are at liberty to superuise and inspect the Hookah Centres, for any uiolation of rules and regulations, guidelines or ctrculars issued under the proutsions of the Hgderabad City Police Act, 1348 Faslt. u) If there is ang uiolation of the prouisions of the COTP Act and the Rules made thereunder, I I I0 the retspondents-police are at libertg to take appropiate action as per the prouisions of the COTP Act." I b After arguing the matter at length, learned counsel fr;r the petitioner admits that there is no cause of action in liling the present writ petition, at this point of t l r11c I 7. Ir.r that view of the matter, the writ lretition fails :rnd devoicl of merits and accordingly stands dismissed I\,lisr:ellar-reous petitions, pending, if any shall stand closed. Hou'errer, there shall be no order as to (:()sts. SDi. I'. PONNA KRISHNT\ ISTANT REGISTRAR S //TRUE COPYi/ Secror.r oFFrcER To,

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

2. The Commissioner of Police Cyberabad, Pl21 , Old Mumbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Tetangana 500032 3 The Deputy Commissioner of Police, Madhapur Division, Madhapur DCP office, ittT-Junction, BHEL Rd, beside JNIDB, lndireL Nagar, Gachibowli, Hyderabad, Te!angana 500032

4. The Assistant Commissioner of Police, Madhapur, Gachibowli PS,17, Old lMumbai Hwy, Vinayak Nagar, lndira Nagar, Gachibowli, Hydefabad, Telangana 500032

5. The Station House Officer, Gachibowli PS. CgR3 plus VWJ lllT, Gachibowli Rd, beside JNIDB, Junction, Gachibowli, Hyderabad, Telangana 500032

6. One CC to SRl. OMAR A PASHA, Advocate IOPUCI 7. Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] 8. Two CD Copies / I I \ PVL \ I I 1 2$15 I , I I I HIGH COURT DATED:2910812025 \ ORDER WP.No.25596 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS