New Arabian Sheesha Lounge v. The State of Telangana

Petition under Article 226 of llre Constitution of lndia praying that in the circumstances stated in the afftdavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus declaring the action of the respondents in banning and interfering with the business of the petitioner before it is s{at.ted und€r the name and style of New Arabian Sheesha Lounge Hookah Parbur (without nkrctine and alcohol,) Coffee and cool drink shop in serving flavoured, Hookahs without reference to the rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of cigarettes and other tobacco products CO TP Act and consequently direct the respondents to permit the petitkrner to start the business of serving flavoured Hookahs in the petitioner coffee shop withc t t any hindrance or restrictions except under law. t.A. NO: 1OF 2O170fi{PMP. NO: 28938 OF m17l Petition under Section 151 CPC praying that in the cir )umstances stated in the affidavit filed in support of the petition, the High court ma , be pleased to direct the respondents to permit the petitioner to start the businer;r of serving flavoured Hookahs in petitioner coffee shop without any hindrance ,,r restrictions excePt under law pending disposal of the above writ petition. Counsel for the Petitioner: SRI MOHD MOINUDDIN Counsel for the Respondent Nos.1 to 4: SRI R. LA)OUIIKAiI' H REDDY' AGP FOR HOME Counsel for the Respondent No.S: SRI N. PRAVEEN KUM/\ f' SC FOR MUNICIPALIT\ The Court made the following: ORDER : ..-'il n THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.23427 OF 2017 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief: "....fo lssue a writ or qder more particulady in the nature of Writ of Mandamus declaring the action of the reqodents in banning aN intedering wth lhe busrhess of tlle pftioner before it is dadd under the name and slyle of New Arabian Srreesha lourrge llookah Parlour without nicotine and ablpl bffee arrt @l drink shop in *rving tlavoured Hookahs wrthout refercn@ to the rule law q regulations as illegal ahitrary uncongittttional aN @ntary to tlc provisbns of cigarettes aN other t&rca prodtds CO TP Act ard anequently direct the respondents to prmit tle petitioner to siad the business of serving flavoured Hukahs in the petfr.ioner offee shop wittaut any hindrance or restictbns except under law aN pass s.rch ot er order- -.-"

2. None appeared forthe Petitioner.

3. Heard Mr. R. Laxmikanth Reddy, leamed Assistant Govemment Pleader appearing on behalf of respondent Nos.1 to 4

4. Leamed Assistant Government Pleader for the r€spordents $bmits that the act of serving Hakah necessari{y implbs tte supply of tobacco products. Hovyever, the nature of the substances being used in the preparatbn of flavoured t"lookah has not been clearly specified by the petitioner. Apart from certain l l I I I I i 1 i i i I I I I I I 2 vague assertions, no specific particulars have been umished as to the alleged manner of interference by the respondent authorities. However, fairly concedes that in similar matters this Court has directed petitioners/business establishmer ts to comply withcertainconditions,anduponsuchcontlliance,the respondent police authorities were directed not to rterfere with their business activities' ln view of the above' h ) prays that appropriate orders be passed in the instant matter'

5. I have perused the material on record'

6. The petitioner is running a restaurant under I te name and style of "New Arabian Sheesha Lounge Hookat Parlouf and contends that the respondent police authorities' witl out any legal prescription, are interfering with his business of seling flavoured Hookah. ln this context, it is pertinent to note tha I a Coordinate 7 . Bench of this Court, in W'P' No' 15944 of 2012 decided on 08.12.2022, examined the question as to whetht r a licence is required for running a Hookah cenfer under the pr rvisions of the Cigareftes and Other Tobaca Products ('rohibition of Trade art I Commere, Advertisement and Regulation of I I i Vr, 3 Production, Suppty and Distribution) r'rc[ 2003 ('COTP Act ) and upon due consideration, recorded its conclusion in the following terms: 'Though the Act d@s not contemplatg any licen@ to be taken, in the larger interest of the youngders, who are visitirtg the hakah centes, the restaurant owrers dtall have a definite place for hookah / srnoking. The restauant ownets' who are having a *parate ptace fu sttlokitlg aN tor hodeh consumption, shatt inform the same to the Station Houst- Officer, so that they can have surveillarrce on the aclivities that are taking place in the said ptace and whether the busrhess is canied out as per the norms and the predure laid down under the Act. Police under the guisp of this' dtall not harass the persons running thesF- @ntrcs w l7pdJt fotlowing the procedure. The offi@rs, wlo are cg,mptent alone can enter the premrses. lf there is any highhaded action on the part of the potice, the s€,me shall be b@ught to the notlrce of the higher authorities aN lhey sha// cause enquiry into the same and take awropriale adkn."

8. Furthermore, in an analogues matter, this Oourt issued c€rtain directions and, upon compliance by the petitioner' restrained the respondent police frorn interfering with the petitioner's business. For ready reference, the relevant directions are reproduced hereunder: "In the light of the interim or&r grand by this C.owt in identi@l matters, there slpll be an or&r alke in this matter also in the fotlowing terms: lf the ptitioner installs vkieo cameras, eltlpr Wn q cancealed, records its operations and ds undeftakes to preserve the recudings for a minimum of fifteen days 4 perid, so that the police, in case of suspio necessity, an replay the fatage and examine' wlrcther any undesirable elements q young pers anflid with law are frequently visiting the petttt for hookah, the ptitioner's cafd may be pernti caf€ @try on its operations. Leamed Assistanl Gov€, Pleader for Home would suggest that: i) ii) The Hookah entres sha// rtof be kepl beyond 1 1 .0O p.m. for its custotners; They must ne@ssarily exhibit the signboirr they are Hookah centres; and iii) They must also exhibit the notice boar, children below the age of 18 are not liabls entertained as guests, even for any recreational purpose including consumtt mffee inside the Hookah Centres." ,nff aq ,o rns in lner's ted to t that to be rn of

9. That apart, a batch of Writ Petitions file,r by persons similarly placed as the petitioner was considerec in W.P. No. 8223 of 2013 and connected matters, decided <t t 15.11.2023, conceming the operation of hookah centers. The re evant portion of the said judgment is extracted hereunder for rea,J I reference: "ln view of the above discusslon, this Court is ' f the opinion that imposing of cedain conditions , ) run the Hookah Centres would meet the ends , f justie. n. As Charcal is being used for *rv,r 7 hukh in the Hookah Centres, the petition,t s shall ofuin liene from the Municipal Corporatl( 1 as spffiftd under S{tion 521(1)(b) of Greak r Hydembad Municipal Corporation Act, 1955. ii). Sin@ the Hydenbad City Police Act, 1::9 Fasli @nfers power over the amusemo t Centes/resburanb which are defind as "pulrt c pla@" under the COTP Act and as per Rule 4 ,'f the Prohibition of Smoking in Public Places Rul,? t, 2008 prmission is reguired speci{ying smoktr 7 k-\ 5 aru, Therefote, to esbblish h@kh @ntres, the ' Ftitioners shall ofuin nxesary permissia from- 'the anemd authority un&r the pruisions of dE City Police Act. iii). Tte Hootah Centrcs are prohibitd ftom frruing any tobacco ptoduct ta the petsons fulow the age of eighteen Wrs. Pictoial health-warning labels at Ate entnne must fu displapd iv). The rcs@ndenb-police arc at litutty b superuiff aN inspst the Hookah Centrcs, for any violation of rules and regulatiom, guidelinu or circularc issud under the provisions of the Hydentud OtY Police Act, 1348 Fasli. v). If there is any violation of the prcvisions of db COn la and the Rules made thereuMer, the rcspndenB-police are at lifutty b bke appopriate dction as per the provisiotts of the COTP Act. 25. Subject to futfitting the above conditions and also the Wovisions of COTP Act, the respondents- poli@ are directed not to inbrtere with the busrness activity of the petitioners for running Hakah Centres. lf the police are found to act in a highhanded manner, the owners of the Hookah Centres are at tiberly to bring the same to ttt€ notl@ of the Director General of Police/Commissioner of Police, as directed by this Coud in Writ Petition No.3202 of 2014 and batch, in which event the said authority shall forthwith take neessary sreps ln that regard."

10. ln view of the settled legal principles discussed hereinabove, and there being no distinguishing features or exoeptional circumstances brought to the notice of tttis Court waranting a deviation, it is considered just and appropriate to -- 6 cl, dispose of the present writ petition by directing ti : petitioner to strictly comply with the following directions. i The business place must necessarily e;< ribit the signboard that they are Hookah centres; ri. They must also exhibit the noUce bo; rd that children below the age of 18 are not liat e to be entertained as greS, even for an other recreauonal purpose including consurI tion of coffee inside the Hookahk Centres. iii. Ihe Hookah certres shall not be kept oper beyond

11.00 p.m. for its customers; iv. The Hookah Centres are prohibited from ser /ing any tobacco product to the persons below tl"r age of eighteen years. Pictorial health-warning lab€ s at the enEance must be displayed v. If the peUtioner shall install video camer;l open or @ncealed, records iE operations ; preserve the recordings for a minimum r days perkrd, so that the police, in case of s or necsslty, can replay the footage and ex; to whether any undesirable elements or persons in conflict with law are frequently the petitione/s caf6 for hookah , either rd shall f thirty rspicion 'nine as visiting tz. As Charcoal is being used for serving hook3 I in the Hmkah Centres, the petitioners shall obtair licence t I i I I I ! \ \ 7 ftom the Municipal @rporation as specified under Sdrtion 521(1)(b) of Greater Hyderabad Mun'rcipal C.orporauon Act, 1955. rai. Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusernent Crn$es/restauranE which are defined as "public place" under Ere 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 Cty Police Act. iii. TIr- respondenB-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 Act, 1348 Fasli. r. trf there is any violation of the provisions of tlre 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'

11. 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 I I i I I i i I I lIt I r\) Advertisement and Regulation of Trade an( Commerc,e, Production, Supply and Distribution) Act, 2003 ('t) )TP Act'), the respondent police authorities are directed not o cause any interference in the lawful business activities of ttrr petitioner. ln the event of any deviation by the petitioner, it shal )e open to the respondent police authorities to initiate and purs,r e appropriate proceedings in accordance with law. 12 With the above direction, this Writ Petition ir allowed. No costs. Pending miscellaneous applications, if any, shatl ;tand closed. SD/. B.REKHA RANI ASI ISTANT REGISTRAR L- SECTION OFFICER ,TTRUE COPYI To, 1 3 4 5 6 7 8 I TJ PSK The Principal Secretary Home Department, Secretariat 3uildings, The State of Telangana, Hyderabad The Commissioner of Police, Rachakonda Commissior .'rate, The Circle lnspector of Police, Balapur, Rachakonda (;r mmissionerate, Ranga Reddy, District. The Station House fficer, Balapur Pol-rce Station, Rarl akonda Commissionerate, Ranga Reddy, District. The Jalpally Municipality, Ranga Reddy Distric't Rep. b1 its Commissioner One CC to Sri Mohd Moinuddin, Advocate IOPUC] Two CC to The GP for Home, High Court for the State r f Telangana, at Hyderabad[OUT] One CC to Sri N. Praveen Kumar, SC for Municipality[1 PUC] Two CD Copies i) ..,\ HIGH COURT DATED: { 0 l0gl2025 ORDER WP.No.23427 ot2017 'tHE Sl i; '€ [5 r::lt]l * ) (-, '. , :,., ,. l, ',-', ,DFsnlr: --::_-.::t: I I I j I L t i l i ! I t t '! i ALLOWING THE WRIT PETITION WITHOUT COSTS cpP'' r t I I K *xr w ..: