The High Court · 2025

THE HONOURABLE SRI JUSTICE N.V,SHRAVAN KUMAR WRIT PETITION NO: 27220 OF 2025 Between: l\tlannat Cafe and . Lounge, Represented by its managing partner I\,4 r. Khursheed Ahmed, Location at. 2-6-1oltr/eS 1205, prltar Nd 2i0,'Upperpaily, Rajendranagar, Ranga Reddy ...PETITIONER AND 1 2 3 4 5 The State of Telangana, Represented by its principal Secretary, Home Department, Hyderabad, T.S. The Commissioner of Police, Cyberabad, pt21 , Old l\ilumbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extensiori, CacniOowti, Hyderabad, Telangana 500032 ][e_D^ep-.uty Commissioner oI Police, Rajendranagar zone. Rajendranagar DCP Office, Besides NCC Ground, Neai Veteriniry UniversityAdminist"rative Office, Rajendra Nagar, Hyderabad 500030. The Assistant Commissioner of Police, Rajendranagar division, Beside Rajendranagar Bus Depot, ln premises of iRJNR L d O pS, BuiJwel, Rajendranagar. The Station House Officer, 66/1 , gannerghatta lVlain Rd, Rajendranagar mandal, Hyderabad, Telangana 500030.- ...RESPONDENTS 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 li/andamus, directing the Respondents herein to allow the petitioner cafe named lVlannat cafe and Lounge having its premises at 2-6-10l Mes/205,pillar No 210, Upperpally, Rajendranagar, Ranga Reddy to serve hookah to their clienteie as per corPA Act and to further direct the Police authorities not to interfere in the law.ful business of the Petitioner herein including serving hookah at per COTpA act. Counsel for the Petitioner: SRI. MOHD ALI SAOOD Counsel forthe Respondents: AGP FOR HOME The Court made the following: ORDER .,.I r1s.:.r:..i. THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No.2l22O of 2025 ORDER HearC le,;r-ned counsel for the petitioner and learncd Assistant Government Pleader for Home appearing for responclent Nos.1 to 5. With their consent this rvrit petrtion is taken up for <lisposal at the admission stage itself. 2 This n,rrt petition is filed seeking following prayer:- "directirtg lhe Respondents herein to allottt th.e petition,=r co-fe named Mannat Cafe and Lourtgc hauing its; premises at 2610/ MQS/20S Pillar No.210, t-lpperpolig, Rajendranagar, Ranga Reddg to serue hookah t': their clientele as per COTPA Act and to further dtrect the Police authoities not to interfere in the latu fr,:.l business of the Petitioner lTerein including seruing hoolcah at per COTPA Act."

3. The facts of the case in brief as stated are that petitioner claims to be Managing Partner of the Coffee Shop namely 'Manrrat Cafe ald Longue' having its premises at 2-6- 10/MQS/2oli, Prllar No.21O, Upperpally, Rajendranagar, Ranga Re ddy Districl . it is submitted that the said C)offee shop has designated space for the purposes of smoking as per COTPA Act as u,e11 as (ICTV coverage for all ateas where customers are present. It is further submitted that respondent authorities more particularly respondent Nos.5 and 6 have stoppecl the petitioner's caf€ from servir-rg hookah and informed the petitioner that thcy 2 need to get order from the High Court without which respondent Nos.S and 6 will not let them serve hookah as per COTpA Act. Hou.ever, respondent authorities have refused to give in writing that they wouid need an order from the High Court. euestioning 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 include s, - (i) ary1 roll of tobacco wrapped in paper or in ang oth,er substance not contatning tobacco, (ii) an!4 roll of tobacco torapped irt anu substance containing tobacco, ulhtch, by reason of its appearance, the tUpe qf tobacco used, in the filter, or its packaginq and. Labeltinq is likelu to be o.ffered to, or purchased, bu, consllmers as ciqarette, but does not tnclud.e beed_i, cheroot and cigar; , (k) production, u-tith its grammatical uaiations and cognate expressions, inilud.es the making of cig arettes, cigars, ch_eroots, bee dis, cig arette tobacco, pipe tobacco, hookah tobacco, chetl,iig tobacco, pan masala or anA cheuLing material haulng tobacco as one of its ingredients (bg tthateu", noin. called.) or snuff and shall include- (i) packtng, labelling or re labelling, of (ii) re-packing from bulk packages to retaiL (iii) the adoption of ang other method. to packages; and containers; render the tobacco product marketable; (n) smoking, means smoking of tobacco in ang ^ form whether in the form oy cigarJtti, cigar, beedis or otherwise utith the aid of a pipe, *roppJ, or ang other instruments;" -3&:TS+5 aY*;-- J

5. Section 4 of the Act stipulates prohibition of smoking in a public place. As per the State Amendment of Gujarat, Section 4A has been inse'rl.ed r'r,hich is extracted hereunder for reference: "Frc,hibition of ho okah b ar. - 4 A. N otrt'ith standins anythinq contained in this Act, no person shttll, either on- hi.s ctutn or on behalf of ang other person. open or ntn an!' ltookah bar in ang place including tlrc eating house. Expla.ncttiort. The term eating house shall haue the sanrc meaning as assigned to it by clause (5A) of section 2 of the Gujarat Police Ac| 1951 (Bom. XXII of 1es 1 )."

6. Similarlv the State of Maharashtra also inser-ted Section 44 as \\:as rnserterl 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 B. Section 6 of the Act refers to prohibition on sale of cigarette or other tobercco products to persons below the age of 18 years and in particular area g . Section '/ of the Act stipulates Restrictions on trade and commerce in, ald production, supply and distribution of cigarettes an c1 other tobacco products. Sub Clauses of Section 7 are as follows: '7 (r) . 4 .nrodu91s for distribu"tion o, (2) No person shall canu on trad.e or commerce irt cig arettes or anA oth.er bbacco prod_ucts iri""" .r"ry package of cigarettes or anA olLre, toboc.o prod.ucts sold, supplied or d.istibuted"bg ni^ i""* in reon, or on its label, the specified, *orning. (3) No person shall import cigarettes or any other ,,?:,?r_:, "upitg 1o, o uatuable consid.eration or for sale in Indii unless euery package of cigarettes or ang other ,.A""*. grgdycts so imported bg him U.orc in"r.oi, or on its label, the specified u.rarning. 4.... (5) No person shall, d.irectly or indirectlg, prod.uce, supplg or distribute cig arettes or anA otir. i tobo."o :i:::"",^y:,^.: .u"ry packase "y "iso,;tt", or ana uLrler tooacco products produced, supplied. i, d.istributed bg him ind-tcates thereon, o, or' it, lob"l, the nicotine and. tar contents on each or.tt. o, o, the case mag be on other tobacco proarji oiong with the maximum permissible ttmits ttereoj, Prouided that ttrc nicotine and. tar contents shaLl not exceed the maximum permissible quantitg tiereoy as mag be prescribed bg rules made una", ttis- ect.. "ig

10. Section 1 1 of the Act reads as follows: 77. Testing laboratory for nicotine and tar contents: For purposes of testing the nicotine and tar contents in ctgarettes and ang other tobacco products the CentraL Gouernment s.halt bg notijication ii ti Offii Gazette grant recognition to such testing toO"iit"ry as that Gouernment mag deem necessary.

11. Section 12 of the Act deals with power of entry and search, which reads as under: ,,(1) Ang police offrcer, not belou,t the rank of a sub-inspector or anu'oytri, .f S;;; iJoa"o, orug Administration or "any othei offtcer, i"iaing the ?3:11:::, rank..being not betoi the' ran{ of sub- lnspector of police, authorise side bg th_e Central Gouernraent or bg'the stat. couirn Jni'i,og, i1 n ) has anq reeson to suspect that ang prouision of ttris Act has; been, or is being, contrauened, enter and searL:h in tlrc manner prescrtbed, at anA reasonable time, ang fcLctorg, building, buslness premises or anA other plac:e" 1).. Section 13 of the Act reads as under: t.t-ter Lo Seize: ,,Iro (1) tf ong police officer, not belotu the rank of a sub hrspe:ctor or anA officer of State Food or Drug Admini:;tration- or aftA other officer, holding the equiuaLen.t rctnk being not belotu the rank of Sub- [nspector of Police, authorM bg the Central Gouernment or bg the State GouernmenL has ang reason to belieue thctt,- [a) in respect of ang package of cigarettes or cLnA other tobacco products, or (b) in respect of ang aduertisement of cigarettes or anA other tobacco products, tLrc prouisions of this Act haue been, or are being, cc'ntrcLuened, he mag seize such pockage or aduertisement mateial in the manner prescribed. (2') No package of cigarettes or anA other tobacco prod.uct.s or aduertisement material seizetd under clause (a.) of sub-section (1) shall be retained bg the ofJicer utho seized the package or aduertisement matericLL for a peiod exceeding ninetg dags from the date oJ' t,\e seizure unless the approual of the District Judge, uLtthin the local limits of ttthose jurtsdiction suclt s,zi:,:ure tuas made, has been obtained for such retentictn. "

13. Sectior:. 7 of the Act stipulates label on any tobacco products u,it-h specified rvarning. The petitioner nowhere made submissions to the extent of hookatr tobacco contents that would be served to their customers. The petitioner intends to supply hookah r,r,ithout ar-ry brald or 1abe1, which is against the provisions oi Section 7 of the Act. That apart, if the petitioner is allou.ed to mix any product by whichever narne it is called 6 generally, referred as flavoured hookatr, without any approvals and whether the nicotine and other contents are permissible and such flavoured hookah is permitted to serve to their customers, the quality checks goes unchecked. l4 This Court in similar circumstalces, disposed of the vvrit petition 1n W.P.No.24t55 of 2025 d,ated. 22.08.2025 and the operative portion of the said order reads as under: ,& it open to appropiate "19. Recording the submisslon mad.e bg learned counsel appeaing on either sid.e and. terms of Common ord.er d-ated 15.11.2023 W.P.No.B223 of 2O13 and. batch, this utrit petition is disposed of leauing the respondent authorities to pass orders on the representations made by the petitioner to respondent authoities on 09.06.2025, 13.06.2025 and- 05.07.2025 and pass appropriate orders in term_s. oJ the common order passed bg this Court on 15.11.2023 and as per tle prouisions of COTp Act, the petitioner mag u_.orkout appropiate remedies as auailable under laut in the pend.ing Cr.No.143B of 2025. I i i I I I 2O. Accordingly, this u.tit petition is disposed of."

15. This Court in the above writ petition also referred to W.P.No.8223 of 2Ot3 and batch dated 15. ll.2o23 ancl the operative portion is extracted herein for reference: :1tcdd<a ?r+r1r '::'' 7 "2'1. ln uieu of the rtboue discussion' this Court is o,f tL,:.e opinion that imposing of ceftain conditions to tun the Hookah. Centres tuould meet the ends of justice. i,' t\s Charcocrl is betq used for seruilg hookaLt in llte tlooltah Centres, the petitioners shall obtain licence from tlrc ltfutticipal Corporation as speciJied uncier Section 52 1(1)(b) of Greater Hgderabad Mutticip al Corporation Act, 1 9 5 5. i,i.) Since the Hgderabad Citg Police Act, 1348 Fasli confers pou)er ouer the amusement Centresl' restaurants u,thich are deJlned cts "public place" under the COTP Act and as per Rule 4 of the Prohibrtion of Smoking in Public Places RuLes, 2008 permis,si.on. is required specifuing smokiftg area. ThereJore, to establisLt hookah centres, the petitioners shall c'btain necessarA permission from the concemed authoritu under the proulsions of the Citg Po!.ice Act. iii) 'lhe Hookah Centres are prohiltited from seruinq anA tobacco product to the persons belou the age oJ- e:ighteen gears. Hctorial health-utarrting labels at the entrance must be displaged. iu) 'lhe respondents-police are at libertg to supentise arud inspect the Hookah Centres, for ang uioLatiort of rules and regulations, guidelines or circulo.r:; issued under the prouision:; of the Hgderabad Citg PoLice Act, 1348 Fasli. ,:t) If there is ang uiolation of the prouisions of the COTP ,Act and the Rules made thereunder, ttle \ respoftd.ents-police are at libertg to take appropiate oction as per tlre prouisions of the COTP Act " -I 8

16. Learned counsel for the petitioner has Iiled a copy of representation dated 22.o9.2025 submitted to the Station House Officer, Rajendranagar pS by way of Memo. Learned counsel has also cnclosed a copy of food license issued by F,ood Safety ald standards Authority of India Registration certificate under FSS Act, 2006. 17 . Accordingly, this writ petition is disposed of in terms of orders passed in w.p.No.24155 of 2025 dated 22.og.2o2s and W.P.No.B223 of 2013 and batch dated 15.11.2023, leaving it open to the respondent authorities to pass appropriate orders on the re presentation made by the petitioner to respondent authorities on 22.09.2025 and pass appropriate orders in terms of the alorementioned orders passed by this Court ald as per the provisions of COTp Act. It is made clear that, it is for the respondent authorities to pass appropriate orders for permission strictly in accordance with law. Needless to say that the respondent authorities shall follow due procedure as contemplated under 1aw before initiating aly action against the petitioner. _,--,.,----, '''].i...'.:11'..-,,' 9

18. Accordingly, this r,,r,rit petition is disposed of. Miscellaneous applications, if ar-ry pending, shall stand closed. There shall be no oi-der as to costs //TRUE COPY// SD/.MOHD,ISMAIL UTY REGISTRAR TION OFFICER 7 To, 1 2 3 4 b. -7 tlltvT LS S The Principal Secretary, Home Department, Hyderaba The Commissioner of Police, Cyberabad, Pl21 , Old [r1umbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Ielangana 500032 The Deputy tlommissioner of Police, Rajendranagar zone, Rajendranagar DCP Office, Besides NCC Ground, Near Veterinary University Administrative Office, Rajendra Nagar, Hyderabad 500030. The Assrstant Commissioner of Police, Rajendranagar dr,rision, Beside Rajendranagar Bus Depot, In premises of RJNR L & O PS, Budwel, Rajendranagar. The Station l-louse Officer, 66/1 , Bannerghatta f\,4ain Rd, Rajendranagar mandal, Hyderabad, Telangana 500030 One CC to SRI ll'IOHD ALI SAOOD, Advocate [OPUC] Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] Two CD Copies W a , I : l HIGH COURT DATED:251A912025 ORDER WP.No.2722A of 2025 EH1(o IAS o I J 0 [T 7 z r,)xM * QD^Tal * DISPOSING THE WRIT PETITON WITHOUT COSTS i\1O' \o