The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the business of the Petitioner in serving of flavored herbal Hookahs to their customers except in accordance with law, pending disposal of the writ petition. Counsel for the Petitioner: SRl. p SRt HARSHA REDDY Counsel for the Respondents: AGp FOR HOME The Court made the following: ORDER \ 't THE HONOTTRABLE SRI JUSTICE N.V.SHRAVAN KUMAR 1VRIT PETITION No.3lO8O of 2O25 ORDER: Heard learned counsel lor the petitiorrcr :rnd learned Assistant Governrnent Pleader for Ilome :rppearing for respondent Nos.1 to 5. With their consent this u'r'it petition is taken up for di:;posal at the admission stage itself

2. This ru-it rrctition is filed seel<ing follo,"r,ing pr.r-\ L'r: "...declctring the Respondents in not allowing the Petitioner to serue Jlauored herbal hookah lo the cLtstonters and also obstntctirtg the bu-siness actiuities of' the cafe and acting fufther in contrauention of the principles of natural justtce as illegal arbitrary apart front being contrary to the prouisions of the COTP Act, 2OO3 and consequentlA direct the respondents not to obstruct the business ctctiuities oJ the Petitioner and ollou.t them to serue flauored herbal Hookah to the customers of the cafd..."

3. The facts of the case in brief as stated arc that petitioner claims to be allthorized signatory of the Hookah Centre namely 'M/s.Vibe Longr.re' under the jurisdiction o[ respondr:nt No.5. It is I submitted that the petitioner has obtained alI necessary permissions from various authorities to run its ltusiness. The petitioner has also obtained trade license from GHMC. The main grievance of the petitioner is that though petitioner is having all the necessary.pcrmissions, respondent aurthorities are restricting / 2 the petitioner from serving flavoured hookahs in the said Longue. 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 undcr: " (It) cigurett<: inc:1rrrl<:.s. (i) tutu roll. ol' l-obctcco turapped. in paper or in ctny otlter subslcurce nol containirtg tobctcco, (ii) artu roLl of tobacco Lurapped in antt substance corttttirrirtq tobctcco, uhich, bu reason of its appeararu:t:, the tqpe of tobctcco ttsed, in the filter, or it.s pur:kaqinq a.n.d lctbellin.q is likelu to be offered tct, or purcha.sed. bu, consLtnlers as ciqctrctte. Lult clo<:s ttol, inclucle beedi, cheroot attcl ciqar; (k) productiot'I, Luith its grammatical uaiations and cognate expressiotTs, includes the making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobarco, hookah tobacco, chewing tobacco, pan masala or ang chewittg mateial Lmuing tobacco as one of its ingredients (by tuhateuer name called) or snuff and shall include (i) packing, labelling or re labelling, of containers; (ii) re-packirtg from bulk packages to retatl packages; and (iii) the adoption of ang other method to render the tobacco product marketable; (n) smokittgl, means smoking of tobacco in ang form uthether it the fornt of cigarette, cigar, beedis or otherwise uith the aid of a pipe, urapper or ang other instruments;"

5. Section 4 of the Act stipulates prohibition of smoking in a pubiic place. As per the State Amendment of Gujarat, Section 44, has been inserted '"r,hich is extracted hereunder for reference: " pro ntUitio n of no o run A ar. - - 4 A. N otw ith s to nding angthing r:ontained in this Act, no person shaLl, either on his oturr or on behalf of ang other person, open or tan an!/ hookah bar in ang place including the eating tLouse. Explanation.- The term eating house shoLl haue the sante rne'aning as assigned to it bg clause (5A) of section 2 o.f the Cujarat Police Act, 1951 (Bont. .YXII of 1a5 t)."

6. Similarlr, 1hc State of Maharashtra also insertecl Section 4A as \\/as inserted br State of Gujarat.

7. This Cor-rrt has taken note of the above rrmendments carried out bv other States in their respective sitalLltcs on the subject r.r.hich nral serve as useful guide. B. Section 6 ol the Act relers to prohibition on sale of cigarctte or other tobacco yrroducts to persons beiow the age of 1B years and in particular area

9. Section 7 of the Act stipulates Restrictior-rs on trarcle and colnmcrcc in, arrcl production, suppl-y ancl clistributior-r of cigarettes zrncl othcr tobacco products. Sub Clar-rses o[ Sectiorr 7 irrc :rs Ii;llorr':; "7 (1).... (2) No person shall carry on trade or contntcrcc in ciqaletles or anLt other tobacco products unless euenl pctckage of ciqarettes or anu other tobacco pntducts sold, supplierl or distibuted bu hitn bears thereon, or on its lalrcl, tle specified utarningl. -t I I 4 (3) No person shall intport cigarettes or any other tobacco products for distibutioru or supplll .for a ualuabLe consideratiorL or J'or sale it lttdia unl<:ss euerq packctge of cigarettes or any other toba.cco produ.cts so imported. bg h.in bcctrs thereon, or ort its labcl., tltt' specificcl r tnrn irtt1. 4.... (5) No pcrsotL slt.ct.ll, di.rc<.:tlt1 u- i.rttlireclltl, prorluce, supltlrl or clistriltut<: citlurettcs or anLJ other tobctcco producl-s ulrles,s e:u<:r11 yt u cl':cu 1t: of cigorettes or any otl rcr Lobacco products procluced, sttpplk:d or d.istibuted. Itg hint indicotes tlrcreon' or on its label, the nicotirte at7d. tar conl.eris otr eaclL cigarette or as t.he case ntag be ort other ktbacco products along with th.e nraxinrunt perrri.ssible linrits th.ere o.f: Prouid.ed that the rticotirtt: artcl tar cor?len ts shall not exceed the masc nun pernissible qu.attitlt thereoJ' as rnag be prescribed by r:.'tles tnacle uncler this Act." I O. Section 1 1 of the Act reads as follovvs:

17. Testing laboratory for nicotine o.nd tar contents: l;or purposes of testittg llt.t: nicotine artd. ta.r contents in ciga.rettes and att.r.t other tobacco products the Central Gouenunert shcLll b11 rtotiJic:ation irt tlt.e OfJicictl Gctzette glrctnt recogrtiti.ort to sttch testingl la.boral.org a.s that Oouenunettt motl deettt l? c(rcrs-sai i -rl.

11. Section i2 of the Act deals with Power of entrry and search, u,hich reads as under: "(1) Ang police officer, not below the rank of a sub-inspector or anA officer of State Food or Drug Administration or anA other officer', holding the equiualent rank betng not below the rank of Sub- Inspector of Police, authorise side bg the Central Gouernment or by the State Gouernment may, if he has ang rea.son to suspect that ang prouision of this Act has been, or is being, contrauened, enter and search in the manner prescibed, at anA reasonable time, ang factory, building, business premises or ang other place" I j

72. Scction I.l o1- the Act reads as under: " Potuer to Seize: (1) I.f crrtg police off.cer, ruot below the rank of ct sub inspectctr or anA officer of State Food or Dntg Administratiotl or anA other officer, holding the eqtLiualent ronk being not beLou the rank o.l' Sub Ittspector ol Police, authorised bg the Central Gouernme nt or bg the State Gouernntent, hos any reason to beLieue that,-- (tt) in respect of any package of cigarettes or arllt other tobacco products, or (b) in respect of ang aduertisement of cigarettes or anA other tobacco products, the prouisions of this Act haue been, or are being, contrauened, he may seize such package or ctduertiserrtettt mateial in the manner prescribed. (2) No package of cigarettes or anA other tobacco products or aduertisement mateial seized under clause (a) of sub-section (1) shall be retained by the oJJicer tuho seized the package or aduertisement nnteial Jor a peiod exceeding ninetg dags Jiom the date of the setzure unless the approual of the Distict ,Judge, u[thin the local limits of tuhose jurisdiction such seizure uas made, has been obtained for such ret.enti.on." i3. Section 7 of the Act stipulates label on an-\, tobacco products u,itl-r sp<'r:ified u,aming. The petitioner norvhere made submissions to thL' extent of hookah tobacco contents that vvould be served to tlrcir cllstomers. The petitioner intends to supply hookah urithou t ilny brand or label, which is against the provisions of Sr.ction 7 of the Act. That apart, if the petitioner is allovved to mix ar-ry product b-y whichever name it is called generalll,, referred as flavoured hookah, without ilny approvals and r,r,hether thrr nicotine and other contents are permissible and such flavoured ltookahrif permitted by the petitioncr to serve to (t their customers, the quality chccks goes unchecked. As such permission to servc flavoured hookah is required to be obtained from the competent authorit_\r.

14. This Court in similar circumstances clisposed of the u,rit petition in W.P.No.24155 of 2025 datccl 22.Oa.2025 and the operative portion ol the said order reads as under: "19. Recording the submission made bA the learned counsel appeaing on either side and in terms of Common order dated 15.1 1.2023 in W.P.No.B223 of 2O13 and batch, thts utrit petition is disposed of leauing it open to the respondent authorities to pass appropriate orders on the representations made by the petitioner to respondent authorities on 09.06.2025, 13.06.2025 and 05.07.2025 and pass appropiate orders in terms of the comnton order passed bg this Court on 15.11.2023 and as per the prouisions of COTP Act, the petitioner mag u-torkout appropriate remedies as auailable under law tn the pending Cr.No. 1438 of 2025.

20. Accordingly, this u.trit petition is disposed of"

15. This Court in the above writ petition also referred to W.P.No.B223 of 2013 and batch datcd 15.1I.2023 ar-rd the operative portion is extracted herein for reference: I "24. In uieu.t of the aboue dlscussion, this Court is of the opinion that irnposing oJ' ceftain conditions to run the Hookah Centres tuould meet the ends of justice. i) As Charcoal is being ttsed for seruinq hookah in- the Hooltoh Centres, the petitioners shall obtain licence Ji'ont the Municipal Corporation as speci"fied under Section 52 1 (1 )(b) of Greater Hgd erabad Municipal Corporation Act, 1955. iil ^Since the Hgderabad Citg Police Act, 1348 Fasli con-fers power ouer the amusement Centres/ restourants tuhich are de.fined as "public place" under the COTP Act and as per Rule 4 of the Prohibition oJ' Srnoking in Public Places Rules, 2008 pertnissiort is required specifuirg smoking area. ThereJbre, to establish hookah centres, the petitioners shall obtctin necessary permission from the concemed authoity under the prouisions of the Citg Police Act. tii) The Hookah Centres are prohibited from seruing artg tobacco product to the persons belou the age of eiqhteen gears- Pictoial health-waning labels at the entrance must be dispLayed. iu) The respondents-police are at liberty to superuise and inspect the Hoolcah Centres, for ang uiolation of ntles and regulations, guideLines or circulars r.ssued under the prouisions of the Hyderabad Citg Police Act, 1348 Fasli. u) If there is any uiolation of the prouisions of the COTP Ac't and ttrc Rules made tltereunde4 the respondents-police are at libertg to take appropriate action as per the prouisions of the COTP Act." I I

16. Accordingly, this writ petition is disposed of in terms ol orders passed in W.P.No.24155 of 2025 dated 22.08.2025 and W.P.No.B223 ot 2OL3 and batch dated 15. 11.2023, granting liberty to the petitioner to file an application within a period of one (1) week from the date of receipt of a copy of this order to respondent authorities seeking permission to servc flavoured hookah and it is left open to the respondent authorities to pass appropriate orders on the application, if any made by the petitioner in terms of the aforementioned 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 lor granting permission strictly in accordance with lau,'. It is needless to state that the respondent authorities shall follow due procedure as contemplated under law before initiating any aclion against the petitioner. 17 . Accordingl.y, this writ petition is disposed o[. Miscellaneous applicertions, if any pcnding, shall stand closed. Thcre shall be no order as to costs. SDJ C. DEEPIKA ASSISTANT REGISTRAR 6 SECTION OFFICER ,TRUE COPY' To, I \ Telanqana, Hvderabad 1 . The Principal Secretary, Home Department, Telangana Secretariat, State of z. iiu C'o.ili.s1onei or Police, Cyberabad, Commissionerate, Cyberabad' : ine oeoutv Commissioner of Police, Madhapur' +- fne Asii"tint Commissioner of Police, Madhapur. s. fiie Si"ti", l-iouse Officer, Raidurg Police Station, Raidurg' Gachibowli' Gachibowli. Hvderabad. d;- Ca i. SRI P SRI HARSHA RElDY'.Advocate [oP-t rcl Yil;E.i" Gp eoi nortrL, Hish court ror the Stat'e or reiansana [oUT] Two CD CoPies $) 6 7 8 HIGH COURT DATED:1 411012025 ORDER WP.No.31080 of 2025 ,/ \ o t.i, I iic 5i.r t€ c,) L 3 1 BII 2py o( )' z o F^TCir.. DISPOSING THE WRIT PETITON WITHOUT COSTS \\ v