M/s. Red Brick Caf6 Carrying on business at 6-3-348/8 v. 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 and more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not disposing of the representation dated 16.11.2017 as illegal, arbitrary, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco products COTP Act and consequently direct the respondents to permit the petitioner to open their business of serving flavored hookahs in their coffee shop without any hindrance or restrictions except under law P Petition underSection 151 CPC praying that in the circumstances stated in the affidavit liled in support of the petition, the High Court may be pleased to direct the respondt>nts herein not to interfere with the business of the petitioner under the name anC style of M/s. "Red Brick Caf6" in premises no. 6-3-348/8, 1st Floor, Road No. 1, Banjara Hills, Hyderabad in serving flavored hookahs to their customers er:cept in accordance with law, pending disposal of the writ petition. counsel for rthe Petitioner: SRt D. MADHAVA RAO(NONE APPEARED) Counsel for t:he Respondents: SRI M. SRINIVAS, AGp FOR HOME The Court mirde the following: ORDER ,o THE HONOURABLE SRI JUSTICE N.TUI{ARAMJI WRIT PETITION No.4O535 OF 2O17 ORDER: This writ Petition is frled under Article 226 0f Constitution of India seeking the following relief: o....to issue a writ, order or direction and more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not disposing of the representation dated L6.ll.2ol7 as illegal, arbitrar5l, unconstitutional and contrar5r to the provisions of cigarettes and other Tobacco products coTP Act and consequently direct the respondents to permit the petitioner to open their business of serving flavored hookahs in ttreir coffee shop without any hindrance or restrictions except under law-..."

2. None appeared for the Petitioner.

3. Heard Mr. M.Srinivas, learned Assistant Government Plead.er appearing on behalf of respondents.

4. L,earned Assistant Government Pleader for the respondents submits that the act of serving Hookah necessarily implies the supply of tobacco products. However, the nature of the substances being used in the preparation of. flauoured Hookah has not been clearly specifred. by the petitioner. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent ,{. t, F 2 authorities. However, fairly concedes that in similar matters this Court has directed petitioners/ business establishments to comply with certain conditions, and upon such compliance, the respondent police authorities were ,lirected not to interfere with their business activities. In view of the above, he prays that appropriate orders be passed in the instarit matter.

5. I have perused the material on record.

6. The petitioner is running a restaurant and a coffee shop under the name and style of "Red Brick Cafe" and contends that the respondent police authorities, without any k:gal prescription, are interfering with his business of serin.g flau oure d H o okah 7 . [n ttris context, it is pertinent to note that a Coordinate Bench of this Court, in W.p. No. 15944 of 2022 decidr:d on O8.L2.2O22, exatnined the question as to whether a licence is required for mnning a Hookah enter under the provisions of tl:re Cigarettes and Otter Tobaco Produ':ts (Prohibition of Aduertisement and. Regulation of Trade and Comm.erce, Production, SltpplU and Dtstribution) 3 Act, 2OO3 (coTP ActJ and upon due consideration, recorded its conclusion in the following terms: 'Though the Act does not contemplate any licence to be taken, in tl:e larger interest of the youngsters, who are visiting the hookah centres, the restaurant owners shall have a definite place for hookah / smoking' The restaurant owners, who are having a separate place for smoking and for hookah consumption, shall inform tle sarne to the Station House Oflicer, so that they can have surveillance on the activities that are taking place inthesaidplaceandwhet}rert]rebusinessiscarried out as per the norrns and the procedure laid down under the Act. Police under the guise of this, shall not harass the persons running these centres without following the procedure. The officers, who are competent alone can enter the premises' If there is any high-handed action on the part of the police, the same shall be brought to the notice of the higher authorities and they shall cause enquiry into the same and take appropriate action." g. Furthermore, in an analogues matter, this court issued certain directions and, upon compliance by the petitioner, restrained the respondent police from interfering with the petitioner's business. For ready reference, the relevant directions are ,.nro.@o hereunder "In the light of the interim order granted by this Court in identiial matters, there shall be an order alike in this matter also in the following terms: If the petitioner installs video cameras, either open or records its operations and also undertakes "on""al"d, to preserve the recordings for a minimum of fifteen days period, so that tJre police, in case of suspicion or rr"L"""ity, can replay the footage and examine as to whether any undesirable elements or young persons in conflict with law are frequently visiting the 4 petitioner's cafe for hookah, the petitioner's cafe may be permitted to carrJr on its operations. karned Assistant Govemment Pleader for Home would suggest that: i) ii) iii) The Hookah centres shall not be kept open beyond I l.OO p.m. for its customers; They must necessarily exhibit the signboard that they are Hookah centres; and They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres."

9. That apart, a batch of Writ Petitions filed by persons similzuly placed as the petitioner was considered in W.P. No. t]223 of 20 13 and connected matters, decided on L5.11.2O23, concerning the operation of hookah centers. The relevant portion of the said judgment is extracted hereu.nder for ready reference: "ln view of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice. i). As Charcoal is being used for serving hookah in tJ.e Hookah Centres, ttre petitioners shall obtain licence from the Municipal Corporation as specifred under Section 521(lxb) of Greater Hyderabad Mua[cipal Corporation Act, less- iil. Since the Hyderabad City Police Act, 1348 Fasli confers power over 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, 2OO8 permission is required specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessarJ. permission - E 5 "g. from the concerned authority under the provisions of the CitY Police Act. iii). The Hookah Centres are prohibited from serwing any tobacco product to the persons below of Lighteen years- Pictorial health-warning th" labels at the entrance must be displayed iv). The respondents-police are at liberty to supervise and inspect the Hookah Centres, for lriot"tion of rules and regulations, guidelines or circulars issued under the provisions of the "rry Hyderabad City Police Act, 1348 Fasli' If there is any violation of the provisions of v). tire COTP Act and tle Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act. 25. Subject to fullilling the above conditions and also the provisions of COTP Act, the respondents-police are directed not to interfere witir Ure business activity of the petitioners for running Hookah Centres- If the police are found to act ii a highhanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.3202 of 2OL4 and batch, in which event tl.e said authority shall forthwith take necessar5r steps in that regard'"

10. In view of the settled legal principles discussed hereinabove, and there being no distinguishing features or exceptional circumstances brought to the notice of this Court warranting a deviation, it is considered just and appropriate to dispose of the present writ petition by directing the petitioner to strictly comply with the following directions. & 6 i. The business place must necessarily exhibit the signboard that they are Hookah centres; ll They must also exhibit the notice board that children below the age of l8 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres. iii. The Hookah centres shall not be kept open beyond I 1.00 p.m, for its customers; iu. The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrarce must be disPlaYed u. lf the petitioner shall install video cameras, either open or concealed, records its operations and shall preserve the recordings for a minimum of thirty days period, so that the police, in case of suspicion or necessity, can replay the footage and examine as to whether any undesirable elements or young persons in conflict with law are frequenfly visiting the petitioner's caf6 for hookah ui. As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(I)(b) of Greater Hyderabad Municipal Corporation Act, 1955. Since the Hyderabad City Police Act, 1348 Fasli confers power over amusement Centres/restaurants which are defined as "publie '- place" under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 7 7 i i 2008 permission is required speci$ing smoking area. Therefore, to establish hookatr centres' the petitioners shall obtain necessa5r permission from the concerned authority under the provisions of the CitY Police Act' viii. The respondents-police are at liberty to supervise and inspect tl:e Hookah Centres' for any violation of rules and regulations' guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli' ix. tf there is any violation of tl e provisions of the COTP Act and the Rules made thereunder' the respondents-police are at liberty to take appropriate action as per the provisions of the COTP AcL ll.Subjecttothepetitioner,sstrictcompliancewit}rthe cond'itionsstipulatedhereinabove,andwiththeprovisions oftheCigarettesandOtherTobaccoProducts(Prohibition of Advertisement and Regulation of Trade and Commerce' Froduction, Supply and' Distribution) Act' 2OO3 ('COTP ActJ, the respondent police authorities are d'irected not to causeanyinterferenceinthelawfulbusinessactivitiesof In the event of any deviation bY the the petitioner petitioner, it shall be open to the respondent police authorities to initiate and' pursue appropriate proceedings in accordance with law' a t & 8

12. With the above direction, this Writ Petition is allowed. No cr>sts. Pending miscellaneous applications, if ory, shall stan<l closed. That Rule Nisi has made Absolute as above witness Witne.ss THE HoN,BLE GHIEF JuSTlcE APARESH KUMAR SINGH' Wednesdery, The iitt""nlt Day Of October Two Thousand And Twenty Five SD/. A.SREENIVASA ISTANT REG //TRUE COPY/ SECTION OFFICER To,

1. The Principal Secretary, State of Telangana' Buildirrg, HYderabad Secretariat

2. The Director General of Police, Hyderabad 3. The Commissioner of Police, Hyderabad 4. The Station House officer,, Police Station Punjagutta, Hyderabad 5. One CC to Sri D. tMadhava Rao, Advocate [OPUC] 6. Two CCs to GP for Home, High court for the state of Telangana' at Hyderabad [OUT]

7. Two OD CoPies TJ GJP ts\ t . -A;----.;ri1., .-- .Fi. "...-- l I / / HIGH COURT DATED i1511012025 ORDER WP.No.40535 of 2017 THE S t .\) r) * o 5 r':8 2i12fi * ALLOWING THE WRIT PETITION WITHOU]T COSTS *\" k ,|,