Disposed

Ms Be the Wolf, Hyd v. Prl Secy, Home Dept., Hyd and 4 Ot

Telangana HC8 Jan 2024WP/26440/2016

Case brief

AI extract

What is this about?

Restaurants challenged police interference with serving flavoured hookah. The Court held hookah is a tobacco product regulated by the COTP Act; smoking is prohibited in public places except designated smoking areas where no service is permitted. Subject to statutory licences and prescribed conditions, police were directed not to interfere with lawful hookah centres.

What did the court decide?

Writ petitions disposed of: police directed not to interfere with running of hookah centres subject to specified conditions (GHMC charcoal licence, City Police Act permission, no service to minors, he

Ms Be the Wolf, Hyd Vs Prl Secy… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[^32s6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY

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WRIT PETITION NO:26440 OF 2016

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Between:

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MS BE THE WOLF, Regd.No. SEtuHyd/ALOlO3l03324l2O16 H.No.12-2-7 81 18, 2nd Floor, Mehdipatnam, Hyderabad.

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.....PETIT]ONER

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ANO

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'1 . The State of Telangana, rep by its Principal Secretary, Home Department, Secretariat Building Hyderabad.

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The Commissioner of Police, Hyderabad City, Basheerabagh,^Hyderabad.

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The Deputy Commissioner of Police, West^{Zone, Hyderabad.}

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The lnspector of Police, Asifngar Police Station, Hyderabad.

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Greater Hyderabad Municipal Corporation, Rep. by its Commissioner,^Tank Bund, Hyderabad.

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.....RESPONDENTS

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Petition Under Article 226 ot the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue a Mandamus or any other appropriate Writ, Order to direction declaring the action of the respondents^{herein in banning and interfering with the} business of the^petitioner in^{serving of flavouredhookahswithoutreferenceto} any rule, law or regulations as illegal,^{arbitraryand contrary to the provisionsof} the cigarettes and other tobacco^{products (prohibitionof Advertisementand} Regulation of Trade and^{Commerce,production, supply and distribut'ion)Act,} 2003 and consequently^{direct the respondents to allow the petitionerto carry on} his business of serving^{flavoured hookahsin their coffee shopswithout any}

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hindrance or restrictions, as per the terms and conditions of Entertainment License.

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|.A.NO.1 OF 2016^{(WPMP.NO:32705} OF 2016

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein, not to interfere with the petitioner business with Hookah Center and allow the Petitioner herein, to serve flavoured Hookah to its customers in their coffee shop upto 11:00 P.M.,^pending disposal of the above writ petition.

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Counsel for the Petitioner : SRI MARUTI RAO SRUNGARAPU

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Counsel for the Respondent Nos.l to 4: GP FOR HOME

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Counsel for the Respondent No.5 : -

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The Court made the following ORDER

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HON'BLE SRI JUSTICE^{C.V.BHASKAR REDDY}

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WRJT PETITION^{No.26440 of 2OL6}

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ORDER:

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When the matter is^{taken up for hearing, learned counsel for} thepetitionersubmittedthattheissueraisedinthiswritpetition is squarely covered^{by the commonorder passedby this Court in} W.P.No.8223of2o13andbatchdated15.1|.2023andtherefore, the present writ^{petition may be disposedof in terms of the said} order.

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Learned Assistalt^{Government Pleader forHome} appearing for^{respondentNos.l to 4 has not disputedthe said} fact.

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3 In view of the^{above submissions, this Writ Petition is} disposed of in^{terms of the commonorder dated l5'll'2023} passed by this Court^{in W.P.No'8223 of 2013 and batch'} No costs.

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As a sequel,^{miscellaneous petitions pending, if any' shall}

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stand closed.

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sD/- MOHD. SANAULLAH^AN$ARI I ASSISTANT REGISTRAR I //rRUE COPY// \' SECTION OFFICER

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To 1. The Principal Secretary, Home Department, Secretariat Building State of Telanoana at^HYderabad'

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z. iiii'Clh*ri..ioher^{of Pot ice, H} vd^{era badCitv, Ba shee rabagh, Hvdera bad} 5. fii" o"prty^{Commissioner of Pblice, westZone, Hyderabad'}

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)

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The lnspector.of Police, Asifngar^police Station, Hyderabad. 5. The commissioner, Greater Hyderabad Municipd'corporation, Tank Bund, Hyderabad.

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Two CCs to GP For Home, High Court for the State of Telangana at Hyderabad. [OUTJ 7 One CC to Sri Maruti Rao Srungarapu, Advocate [OPUC] 8 Two CD Copies SA GJ

t I

HIGH COURT

DATED:0810112024

ORDER

WP.No.2644O^{ot 2016}

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'( 6€ SrA E:
9
f,oI) 2 0 FEB ?[tl Aa

I
DESPlrlOt<br>

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DISPOSING^{OF THE W.P}

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WITHOUT^COSTS.

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69q"tt'l Y
G'u-

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THE HONOURABLE SRI JUSTICE^{C.V. BHASI{AR REDDY}

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WRIT PETITION Nos.822312O l3 .3427 120L5,^4574212022, 4650512022. t52. Ll27 . 1809. t935.2729^{.2735.2954.3124.} 375a,37a4, +150,4297 .4304,4330,456^{2. +6A0. 5084. 5097.} sL47 5149 651() 6523 7tag 7297 7445^75o479497963 alt7, a226.8246,826a,849^{8. 8509,8564,955a, 10122,} to24l LO425 LO775 10814 11008 IL2L3 11463^L2360 12482. 14L29. 14134. 15706 .^{L6172, 16839. 17917,18351,} r8829. 19005 .19051, 19742.222AA.2229^{2,22305,23738,} 23A92,24696 .25,044,2^{5a36. 26L72,27223,2776L and} 30952 of 2o23

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COMMON ORDER:

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Since the issue involved^{in allthese WritPetitionsis} intrinsically interconnected, they^{are beingtaken up and heard} together and disposed of^{by this common order.}

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As the respondents have^{hled consolidatedcounteraffrdavitin} Writ Petition No.46505 of^{2022, the said Writ Petition is taken up as} a leading case.

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W.P.No.46505 of 2022 is filed^{under Article 226 oftl:^e} Constitution of India,^{seekingthe followingrelief:}

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"to pass an order, direction^or a^{Wit particularlg in the natureof Writ of} Maidamus directing^{the rcspondents hereinto altouthe petitionerherein} to serue hookah in his^{establishment} freelg^{as long as he} follouts^the "Cigarettes^and. Other^{TobaccoProducts (Prohibitionof Ad'uertisement} ani Regulatton of^{TradeCommerce Supptg and Distibution)Act,2OO3} .]nd rul-es and that the Petitioner be^{qllouedto serue hookah in open} areas^qnd smoking zones and^{to issue necessargdirectbns to the elfect} that no coercilE action of^{an| nature ought to be initiated againstthe} petttioner or his establishment namelg^{"Restgn Skg Bar" located in} Madhapur."

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The case of^{the petitioneris that he is running the restaurant} under the^{nameand style 'ResignSky Bar' since many yearsand} also obtained^{tradeiicense from the Greater Hyderabad Municipal} Corporation,^{Hyderabad.lt is further case of the petitioner that} owners of^{certain restaurants had frled Writ Petition No 3202of 2014} and batch on^{the file of this Court, wherein this Courtvide common} order dated^{27.01-2017, allowed the petitionersthereinto serve} Hookah as long^{as they follow rules and regulations and also the} conditions stipulated^{therein like having CCTV camerasaldnot} serving to minors^{etc.,. It is further caseof the petitioner that even} though the^{restaurantowners are following the rulesand regulations} as prescribed under^{the Cigarettesand Other TobaccoProducts} (Prohibition of Advertisement^{and Regulationof TradeCommerce} Supply and Distribution)^{Act, 2OO3(for short"COTPAct' 2003")'the} task force^{police underthe control of respondent No'2 are visiting the} business^{place ald foisting falsecases with a malafide intention to} force the owners^{of the business establishmentsto shut down the} hookah sales^{and usage. It is furthercase of the petitionerthat the} owners of ttre^{restaurantsagain approached this Court andfrled Writ} Petition W.P.Nos.22O6^{O and, 232L3 of 2Ol7 and this Court vide} commonorderdated02.os.2ol7disposedofthesaidWritPetitions and ordered that the^{restaurant owners are free to runtheir}

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restaurants as per rlrles and regulations and that if police takes any steps, the petitioners therein were given liberty to approach the Director Genera-l of Police/Commissioner of Police and lodge complaint regarding illegal interference of ofhcers. It is further case of the petitioner that even though restaurant owners are running hookah Centres strictly inconformity with the directions issued by this Court, the respondents-police are raiding the hookah Centres and registering false cases under Sections 188, 270, 272 and, 328 IPC. It is further case of^petitioner that cases under^aforesaid Sections cannot be filed against the^{restaurant owners if theyserve} hookah to their customers and that there is no^{generalban on selling} tobacco ald tobacco products. It is further case^{of the petitioners} that owners of the restaurants Iiled Criminal^{Petitions vide} Crl.P.No.5619 of 2O2O and batch on the hle^of this^{Court seekingto} quash the proceedings in respective .^{Crimes/CalendarCases/} Sessions Cases registered for the offences^{underSections 188,269,} 27O, 272, 273, 328, 336 & 42O^read with 34,^{149, 511 of IPC;} Sections 3(m), 2O(2), 2r(r), 21.21,^{22, 713) and 7(5) of the COTPAct,} 2OO3 and Sections 58 and 59(i) of the^{Food Safetyand Standards} Act, 20O6 (for short 'FSS ActJ. This^{Courtvidecommon order dated} 10.06.2022, allowed the said Criminal^{Petitions, quashingthe} proceedings in the respective Crimes/Calendar^{Cases/Sessions}

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Cases in terms of the common ordcr, dated O5.O7.2O21 passed in Mohd. Jameel Ahmed rs. Stcte of Telanganar. I1 is further case of the petitioners that since there is no prohibition under COTP Act, 2OO3 to serve hookah, interference by the respondents-police amounts to violation of the rights guaranteed under Article 19(1Xg) of the Constitution of India and also the provisions of COTP Act, 2003.

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A consolidated counter affidavit has been frled by the respondent Nos.1 to 5 in W.P.No.465O5 /2022, wherein inter alia it is stated that the petitioners are seeking to give a direction to permit running of "Hookah Parlour" and serving of Hooka_h in Restaurants beyond the areas designated by thc statute. It is further stated that the details of those Hookah Centres/Hookah Parlours/Hookah Bars are conspicuously missing. The petitioners without mentioning that they are complying with various statutory provisions of COTp Act, 2O03, have simply averred that they are serving hookah in their premises. It is further stated that no statute or regulation refers to Hookah Centres/Hookah Parlours/Hookah bars. In the counter aJfidavit, the respondents have referred various constitutional provisions relating to health and right to life. It is stated by the respondents that as per Article 21 of the Constitution of India, it is the responsibility of the Government to direct its policy towards

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I zo22 ctiLJ 642

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securing tender age children^{and give them oPportunities to develop} in a healthy manner. It is further^{statedthat WorldHealth} Organization Framework^{Conventionon Tobacco Control (WHO} FCTC) and its^{guidelines providethe foundationfor countriesto} implement and manage^{tobaccocontrol.The WHO has introduced} MPOWtrR measures^{whichcorrespondto one or lnore articlesof the} Framework Convention,^{to assist in reducing the demand for tobacco} products at country-level. It is further^{stated that hookahsare} smoked in a closed^{cabins or roomsand persons who smoke,sit for} hours together and^{inhale muchmore smoke than those who smoke} cigarette for 3 to 4 minutes.^{It is furtherstatedthat Hookahs} sometimes called^{fuaterpipes'and theyare usedto smoke specially} made tobacco that^{is availablein a varietyof flavors, suchas apple,} mint, cherry, chocolate,^{coconut, licorice,cappuccino,ald} watermelon. It is further^{stated that Hookah smoking is typically} practiced in groups, with the same^{mouthpiece passed from person} to person. Water^{pipe smokingdeliversthe addictive drug nicotine} and it is as toxic as cigarette^{smoke and due to the modeof smoking} including frequency^{of puffrng, depthof inhalation, and length of the} smoking session,^{hookahsmokersmay absorbhigher concentration} of the toxins found in^{cigarette smoke.It is furtherstatedthat a} typical one hour long^{hookah smoking sessioninvolves inhaling10O-}

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2O0 times^{the volumeof smoke inhaled from a singlecigarette'} Hookah smokers^{are at risk for the same kinds of diseasesthat are} caused by^{cigarette smoking,including oral carcer' lung cancer'} Stomach cancer,^{cancerof the esophagus,reducedlung function,} and decreased^{fertility. Hookah smoking is NOT a safealternative to} smoking cigarettes-^{The charcoal used to heattobaccoin the hookah} increases^{the healthrisks. Even after it has passed throughwater,} the smoke^{producedby ahookah containshigh tevel of toxic} compounds,^{including carbon monoxide, heavy metals' and cancer} causing chemicals^{and thusprayed to dismiss the writ petitions'}

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Heard both sides^{and perused the record}

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The learned counsel^{for the petitioner submitted that the} respondents-police^{are frequently interfering wittr the petitioner's} business activity^{of serving hookahin the designatedsmoking area} in the restaurant^{and preventingthe petitioner from doing trade lt is} furthersubmittedthattheactionoftherespondentsinaskingthe petitioner to stop offering^{hookahin the absenceof any material to} show that the^{business is in violationof the guidelines prescribed by} the Apex Court in^{Narinder S- Chadha o' Ituaicipal Corporation} of Greater Murnbai2^{and the COTP Act, 2003, amounts to}

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'(2014)r5scc689

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infringement of fundamental rights and the same is illegal and improper. Learned counsel submits that continuous interference of the respondents is causing irreparable damage and harassment to the petitioner and to the reputation of business. Learned counsel further submitted that in catena of cases, this Court has clearly in unambiguous terms stated that police under the guise of implementing the regulation shall not resort to cause inconvenience or any harassment to the customer/person present there or to the owner of the restaurant, when the business is lawful and legal, there cannot be any prohibition. It is further submitted that the petitioner is holding all the required licenses such as GST, Sales Tax, Food, Trade, Labour etc., arrd also paid advalce tax. It is further submitted that the respondents are not having power to interfere with the petitioner's business activity as long as he follows the guidelines issued by the Hon'ble Supreme Court in Narinder S Chadha,s case (supra) and also the provisions of COTP Act and the regulations made thereunder. Thus the learned counsel prayed this Court to allow the writ petitions as prayed for.

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On the other hand, the learned Special Government pleader for Home appearing for the respondents opposed the writ petition and relied upon the provisions of Sections 4, 5, 6, 7, 8, 9, 10, 11, 13, 15, 17 and 18 of COTP Act, 2O03. He argued that COTp Acr, 20O3 has

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not only included cigarettes^{tikeCigarettes (Regulations of} Production, Supply and^{Distribution)Act, 1975 but also brought all} other forms of tobacco^{products(both smokingand smokeless);} Prohibition of smoking in^{publicplaces; Imposing nationwidepublic} smoking ban and specihed^{particular places as non-smokingzones;} Bal on tobacco advertising^{and sponsorship; Bal on sale to minors} and in an area within radius^{of10O yards of alyeducational} institution; Displaying of^{pictorialhealth-warning labels; That the} specified health warnings must occupy^{at least 4O'l' of the principal} display area on the front^{panel of the pockets, and shall be rotated} every 12 months; that the law also^{prohibitedmore than two} Ianguages from being used on the^pack to^{ensurethat specified} warning is legible and prominent. It is^{furthersubmitted that with} effect from 2"d October, 2012, ttre Government^{began screening two} anti-tobacco advertisements in movie theatres^{andtelevision.} Nicotine and Tar contents of ali tobacco^products must^{be clearly} displayed on the packs. Producers of tobacco^{productsmust ensure} that these harmful contents are within the maximum^permissible limits as prescribed by the rules. The learned Special^Government Pleader further submitted that Rule 4 of the Prohibition of^Smoking in Public Places Rules, 2008 (for short^"Rules, 2O08") mandates^that the owner, proprietor, managerr supervisor or in-charge of the^allairs

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of a hotel having thirty or more^{rooms or restaurant havingseating} capacity of thirty^persons or^{more and the manager of the airport} may provide for a smoking area or^{spaceas definedin rule 2(e). As} per Rule 4(3), no service shall be^allowed in^{any smoking areaor} space provided for smoking.^{Therefore,no ash trays,lighters,} matches or other things^{to facilitate smoking are to be providedin a} public place as per Rule 3(c) of the^Rules ,^{2OO8. It isfurther} submitted that as^{per Rule a} $)@),^{smoking in public placesis} completely balned and^{for a person visiting a Restaurant or a Hotel} satisfying the statutory^{requirement, the Hotel or Restaurantmay} designate a separate^{area or spaceas per the definition of smoking} area in Rule 2(e) and such^{a person visitingthe hotelor a Restaurant} is free to smoke in the^{designatedsmokingarea. The Restaurant or} the Hotel will not^{provide any smoking apparatusor anything that} aids smoking. It is further^{submitted thatRule 3 (1)(c) specifically} places a bar on the owner,^{proprietor,manager, supervisoror} incharge of the affairs of^{public place to ensurethat no ashtrays,} matches, lighters or other^{things designedto facilitatesmokingare} provided in the public^{place, therefore the necessary corollarythat} would follow is that, there^{cannot be activeparticipation of the} persons incharge of managing a^{restaurant or a hotel to provide} smoking aids. As such smoking^{of hookah cannot be aided by the}

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restaurant or a hotel merely since it has a smoking room attached to it. It is further submitted that what cannot be permitted in the public area of a restaurant cannot be stretched to mean that it can be provided in the smoking area. It is further submitted that the Trade licences obtained by the petitioners from the Greater Hyderabad Municipal Corporation, does not disclose that they have been issued after a declaration that they are running^oHookah Centres". The learned Special Government Pleader relied upon Section 521 of GHMC Act, which specifically states that no person shall without licence keep, in or upon any premises, for sale or for other than domestic use, €rny article specified in Part III of Schedule P. It is further submitted that Charcoal, which is used to facilitate the smoking of the Hookah is an Article mentioned in Part III of Schedule P. The use of charcoal for the purpose of Hookah smoking is very dangerous and can pose a risk of fire accidents apa.rt from creating a nuisance to the persons who may visit the Restaurant or Hotel. It is further submitted that the licences of the petitioners do not disclose that they have filed declaration that they intended to use Trade Licences to permit Hookah smoking. There is no occasion for the Municipal authorities to consider this aspect. The learned Special Government Pleader further submitted that even though earlier batch of cases have been disposed of by this Court, the issues raised

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in these writ petitions are not specifically^{advertedand this Court} has not taken into consideration that^{Hookah is also a Tobacco} product and the provisions of COTP Act,^{20O3 apply. It is further} submitted that prayer sought in^{these writ petitionsis in the nature} of restraining the authorities from^{inspecting the premiseswhere} Hookah centres are being run^{and in fact as per the provisions of} Hyderabad City Police Act,^{1345 Fasli,the policehas power to} inspect any public^{place for the offences committedunder the said} Act, i.e, exposing of body^{inindecent manner,possessionof} suspected articles, indecent^{acts in streets etc., committingnuisance} in or near public place. It^{is further submitted that sincethe} observations made in the^{earlier batch of cases does not specifically} restrain or declare the^{powers exercised by the police officers as} illegal, the police officers^{are entitled to superviseand inspect,seLe} ald seal the petitioners^{establishments if any violation is being found} under Section 12 of^{COTP Act. Sincethe orderspassed in the earlier} writ petitions, does not^{give blanketprotection or recognizes the} independent existence^{of "Hookah Ccntres", the judgments relied} upon by the^{petitioners are not helpful to the case of the petitioners} and therefore, the^{learned Special GovernmentPleaderprayed for} dismissal of the writ Petitions.

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g. It is apt and^{appropriate to extract some of the relevant}

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provisions of COTP^{Act, 2OO3, whichare as follows:}

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-3. Definitlons.-In this Act, unless^{the conkrt othenise requtes'-}

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(a) "ad.uertisement"^{includ'es anyuisible representation} ,by^{ruagoJ notice'} 'circuktr, label, wropper o, oih.' dodlment and also includes an11 inioinu .ni ^adi irallg^{or bg any meansof producingor transmitting} light, sound, smoke^{or gas;}

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(b)^" cig arette" include^s, -

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(i) ang rotl of tobacco wrapped^{in paperor in ang other substonce not} containing^tobacco,

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(ii) ang roll of tobacco uLrapped.^{in angsubstancecontoin-ingtobacco'} ini"t " -Ou reaion of its appeiion ., the tgPe of tobocco used in the flter' i, ii palkagi"g oia^{baiiti.,gis likelg to be olJered to, or purchasedbg'} "oror^.r,^{is iigarette, but does not include beedi, cheroot and cigar;} (c) "distribution" inctudes distibution^{bg uag oJ samples,Luhetherfree or} othenise;

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(d) "exporl", tuith its grammatical^{uqiotions and cognate expressions} i"crni taking out of India^{to a place outsideIndia;}

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(e) Toreign languoge" means a^{languageuhich is neither an Indian} lqnguage nor the Eqlish^language;

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(f) "import", with its grammatical^{uaiations and cognateexPressions'} ieani bringing^intoIndia from^{a place outside. India;}

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(g) "Indian language" means a^{language specifed in} -the^{Eighth Schedule} ;o E Constitution, and^{includesany dialect oJsuchlanguage;}

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(h) "labet" means ang raitten, marked,^{stamped'pinted or graphtc} matter, alFxed to, or oppeaing^{upon,angpackage;}

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(i) "package" includes a urapper, box,^{carton, tin or other cantainer:}

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(j) "prescribed" means prescibed^{bg rutes madeunder thi^s Act;}

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(k) "production", tuith its grammatical^{uaiationsandcognate} expreisions, includes the^{makingof cigarettes, cigqrs,cl@roots'beedis,} cigorette toba.cco,^{pipetobacco,hookah tobacco,chewing tobacco,pan} iasala or ang chewing^{mqteriql havingtobaccoas one o-f its ingredients} (bg whoteuer name catled) or snufJ and^{shqll include-}

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(i) packing, labelling or re-labclling,^{of containers;}

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(ti) re-packing from bulk packages to retatl packages; and

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(iii) the adoption of ang other method to render the tobacco product marketable;

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(l) "public plat:e" rneans ang place to which the public haue an:cess, uhether as of ight or not, and includes ouditonum, hospital buildtngs, raibuag uaiting room, amusemerlt centres, restaurants, pubtic olfices, court buildirqs, educational instltutions, libraies, public conuegances and the like u.thich^qre uisited bg general public but does not include ang oPen space:

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(m) "sale", tDith its grammottcol uaiations and cognate expressrbns, means anA transfer of propertg in goods bg one person to arrcthe\ tuhether for cash or on credit, or bg wag of exchanqe, and u. ether ulholesqle or retail, and includes an agreement for sale, and ofler for sale and exposure for sale;

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(n) "smoking", means smoking of tobacco in ang fonn tuhether in the form of agarette, cigar, beedis or othenuise Luith the aid of a pipe, utrapper or anA other iBtruments;

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(o) "specified uaming" means such warnings qgatnst the use of cigarelTes or other tobacco

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products to be pinted, painted or inscibecl on packages of cig<Trettes or other tobacco products in

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such fonn and manner as mag be prescribed bg rules made under this Act;

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(p) "tobaun products" means the products specified in the Schedule

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Prohibition of smoking in a public place. No person shall smoke in ang pudic place:

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Prouided that in a hotel hquirLg thirtg rooms or a restaurant hauing seating capacitg of thirtg persons or more and in the airports, a separate prouision for smoking area or space may be made.

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Prohibition of aduertisetne,r't oJ cigarel:tes^qnd other tobacco ptoducts.-(1) No person engaged in, or purported to be engaged. in the production, supply or distibution of cigarettes or ang oth.er tobacco products shall aduerti.se and no person hauing control ouer a medtum shall cquse to be ad.uertised c{gqrettes or ang olher tobacco products through that medium and no person sho.lt toke patt in anA aduertisement which directlg or indirectlg suggests or promotes the use or consumption of cigarettes or ang other tobqcco products.

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(2) No person, Jor anA direct or indirect peaaniary benefit, sha'lt-

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(a) displag, cctuse to displag,^{or permit or authoriseto displag any} aduertisement^{of cigarettesor anAother tobacco product; or}

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(b) sell or cause to sel[, or^{permit or authoise to sell a} flm^{or uideo} tape containing aduertisement^{of cigarettes or ang other tobacco product;} or

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(c) distibute, tQuse to distribute,^{or pennitor autl@iseto dlstibute} to the pubtic ang leallet,^{hand-btltor documentulhich isor uhich} contatns an aduertisement^{of cigaretles or ang othertobacco product; or}

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(d) erect, exhibit, ftx or retain upon^{or ouer anuland, building, wall,} hoarding, frame,^post or^{structureor uporlor in ang uehicle or shall} dispktg-in ang manner^{Luhqtsoeuerin ang placeang aduertisementof} cigarettes or ang^{other tobacco product:}

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Prouided thqt this sub-section^{shqll not@pplg in rekttion to}

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(a) an advertisenent of cigarettes or ang other^{tobaccoproduct in or on a} package cortaining cigarettes or ang^{othertobaccoproduct;}

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(b) aduertisement of cigarettes or ong other^{tobdcco productr.t'thichis} disptaged at the entra"nce or^{inside q tuarehouseor a shopwhere} cigarettes and^{ang othertobaccoproductsare oJfered} for^{di^stributionor} sqle.

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(3) No person, sholl, under a contract or othenuise^{promoteor agree to} promote the use or consumPtion of-

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(o.) cigaretles or^qnA other tobacco^product; or

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(b) ang trade mark or brqnd name of cigarettes or^{anA othe'rtobacco} product in exclange for a sponsorship,^gift, prize or^{scholarship giuen} or agreed to be giuen bg another^person.

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Pr-ohibition on sale ol cigqrette^{o" othertobccco productsto a} person beloiD the oge of eightceft^geats dnd in Po,rticrllo'^oreo--No person stnll sell, offer Jor sale, or permit sale of,^cigarette or^{ang other} tobacco product-

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(a) to ang person uho is under eighteen gears of age, and

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(b) in an^qrea uithin a radius of one futndred gards oJ aay educationql institutton.

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Restrictions on trs.d.e ond commerce ln,^{a,ndproduction,sltpplg} and distrtbution of cigo.rettes^and. other^toba,cco Products.^{(1) No} person sltall, directlg or indirectlg, produce, supply or distibute cigarettes or anA other tobacco products unless euery^packageof cigarettes or anV other tobacco products produced, supplied^or distibuted bg him bears thereon, or on its label such specified wanting including a pictoial tuanting as mag be prescibed".

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(2) No person shall carry oa trade or cotnmerce^{in cigarettesor ang olher} tobacco products unless euery^{package of cigarettes or ang other tobacco} products sold, supplied or distibuted bg him^{bears thereon,or on rts} label, the specirted uaming.

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(3) No person shall import cigarettes or any other^{tobaccoproducts} for d.istribution or supplg for a^{ualuable considetotionor} for^{salein India} unless euery package of^{cigarettesor anA other tobaccoproductsso} impoied bg him bears^{thereon, or on its labeL lhespeci.fiedwaning.}

¶135

(4) The spectfied warning shall appear^{on not less than oneof the largest} panels of the package in uhich cigarettes^{or anA other tobaccoproducts} haue been packed for distibution,^{sale or supplg} for^aualuable consideration.

¶136

(5) No person shall, directlg or^{indirectlA, produce,supplg or distribute} cigareties or ang other^{tobaccoproducts ttnlesseuery package of} cigarettes or any other^{tobaccoproducts produced,supplied or} dlsfibuted bA^{himindicatesthereon,or on its lqbel, the nicotine andtar} contents on eo.ch cigarette^{or as the casemag be on othertobacco} prod.ucts along with the maximum^{permissibleltmits thereof:}

¶137

Prouided that the nicotine and^{tarcontentsshall not exceedthe} moximum pertnissible^{quantitAthereofas magbe prescnbed by ntles} mode under this Act.

¶138

7 7. Testing laboratory lor^{nicotineqnd ta.r contents. For purposes} oJ testing ihe^{nicotineand tar contents in cigarettes and ang other} iobacco products the Central^{Gouemmentshalt by notifcationin the} OJfictal -Gazette grant recognition to such testing laboratory as that Gouernment mag^{deem necessarg}

¶139

Poue" of eatry^{a.,r.d se4''rch--(l) Ang police offtcer'not be'loutthe} rank of a sub-tnspector^{or ang officerofStateFood orDtug} Adminiitration or ang^{other officer, holdingthe eqtiuale'nt rank being not} belou the rank of^{SubJnspector of Police'authorise sidebg the Centrol} Gouernment or bg the State^{Gouernmentmag,if he has angreqsonto} suspect that ang^{prouisionof this Act ho,sbeen, or is being, contrauened,} enier and search in^{the mannerprescribed,at ang reasonable time, anA} factory,^{building,businesspremtsesor ang otherplace,}

¶140

(a) uhere ang trade or commerce^{in cigarettesor angother tobacco} 'pioducts is canied on or cigarettes or ang other tobacco products are produce-d, supplied or distibuted;^or

¶141

(b) u,there ang aduertisement^{of the cigarettesor ong other tobacco} products has been or^{is beingmade.}

¶142

(2) The prouisions of the Code of^{Ciminat Procedure, 1973 (2 df 1974)'} 'shall applg to euery search and seizure mdde uruTer this Act'

¶143

¶144

Pouer to seize.-(l) If any polrce officer, not belou the rank of a subinspector or ang olficer of State Food or Drug Ad.mtnistration or ang other officer, holdtng thc equiualent rank being not belou tlLe rank of SubInspector oJ Police, autLorised bq lhe Central Gouernment or by the State Aouemment, ha's ang reason to belieue lhat,-

¶145

(a) in respect oJ ang package of cigarettes or any other tobqcco products, or

¶146

(b) in respect of ang aduertisement of cigarettes or anV other tobacco products,

¶147

the prouisions of this Act haue been, or are being, contrauened, he mag seize such package or^{qduertisement} material in th.e manner prescibed.

¶148

(2) No package of cigarettes or ang other tobacco products or aduenisement material seized under clause (a) of sub-section (1) shall be retatned bg the off.cer uho sei-zed the package or aduertisement material for^{a peiod exceedingninetA dags} from the d_ate of the sei-zure unless the approual of the District Judge, nJithin the loca.l limits of whose juisdiction such seizure u..u,s made, has been obtqined for such retention.

¶149

Confrscation of package.-Ang package of cigaretles or ang other tobacco products or ang aduertisement mateial oJ cigarettes or aig other tobacco products, in respeAt of uthich ang prouision of this Act has been or is being contrauened, shall be ltable to be confiscated;

¶150

Prouided that, uhere it is established to the sotisfoction of the court adjudging the confi.scation that the person in u.rhose posses iion, po*", ?r ?ntr?t^{ang such packageof cigarettes or ang othertobaccoproducts} is Jound is not responstble |or the contrauention of the proui.s,ions of this Act, the Court mag, instead of making an ord.er for the conf.scation oJ such package, m<tke such oth.er order authorised bg this Act again-st the person guiltg of th.e breach of the proujsions of this Ad as it m<tg think fi.t.

¶151

Confi.scation not to interfere uith othq punlshments._No confi.scation mad.e, costs ordered to be paid undcr thii Act shall preuent the, inJliction of ang punishment to which the person afJected. thireby is liable under the prouisions of this Act or under ong otnii Uu.

¶152

Pu,fish,,,, nt Jor Jailure to gite qtec{ied usarting o;'r'.d ^lcotine and tat cont€nts.-(l) Ang person uho produces or manulactures cbarettes or tobqcco products, tthich do not contain, either on the package or on their label, the specified tuaming and. the nicotine and tar contents, shall i.n the case of frrst conviction be punishable uith imprisonment Jor a term tuhich mag extend to ttoo giars, or uith f.ne rtlhich mag extend to fi.ue thousand rupees, or uiti both, qnd. for the second or subsequent conutction, uith imprisonment for a tenn uthich mag ertend to fi.ue gears and uith fi.ne uhich mag ertend. to ten thousand rupees.

¶153

¶154

(2) Ang person who sells or distibutes cigarettes or tobacco^products tDhich do not contain either on the^{packalleor on their label, thespecilTed} u)aming and the nicotine and tor contents shall in the casc^of first conuiction be puni-shable wtth impisonmeat for^q lerm, which^mag extend to one gear, ot LDith fne which mag extend to one^thousand nlpees, or uttth both, ond, for the second ot subsequent^{conuiction,u)ith} imprisonment for a terrn uhich mag extend to tlro^{gearsand with} fine uhich mag exlend to three thousand rupees.

¶155

Punishment for smoking i^^cer-tain Plo.ces.-(^1)W?weuer contrauenes the prouisions of section⁴ shall^{be punishableuith} fine Luhich maA ertend to tuo l^ndredrupees.

¶156

(2) An olfence under this section sholl be compoundable and shqll^be tried summaily in accordance uith the^{procedure prouided} for^summary tnc,ls in the Code of Ciminat Procedure,^{1973 (2 of 197a).}

¶157

On earlier occasions, identical^issues to^{the cases on hand,} came up for consideration before this^{Court in W.P.No.32O2 of 2014} and batch, W.P.No. 14093 of 2011,^{W.P.No.4942of2012,and'} W.P.Nos.2206O of 2Ol7 arrd 23213 of²⁰⁷⁷

¶158

1 1. In Writ Petition No.32O2^{of 2Ol4 and batch, this Courtdealt} with a similar situation where the^{police were interfering with the} business activities of the^{petitioners therein, in servingflavoured} hookah in their coffee shops. Dealing^{with the said aspect and also} taking into consideration various^{provisions of the COTPAct, the} petitioners cases were rejected, holding^{as under:}

¶159

"16. Insofar as the interkrence of the^{policeareconcerned, itis} pertinent to note that the^prouisions of^{Section12 of the COTPActmnfer} pouers to the police not belou.t the rank of^{Sub lnsPector of Policeor ang} offi.cer of the Stqte Food or Drug^{Administratrcnor anA otherofficer,} holding the equiualent rank being^{not below the rank of SubInspectorof} Police authorized by the Cenlral^{Gouernment or bA the Slate GouenTmcnL}

¶160

¶161

mag, if he has ang teason to suspect that ang prouiston of this Act ho.s been or is betng contrauened, enter and. search in the manner prescibed at anA reaso\able time atfoctorg, building, business or ang other place.

¶162

In the light of this prouiston and Section 119 Cr.P.C., the contention of the learned Counsel for tLE petitioners *at the acts of the Police omount to inJringemenl of fundamental ights and that the police are not the conpetent authoritg, but it is only th-e <;.H.M.C that is competent to interkre with the business of the petitioners, raho are seruing Hookhas, does not haue ang force. Therefore, this Court is oJ the uieu that under Section 12 of the Act and Section 149 Cr.P.C., tle police including the other authoities as authorized bg both Central and State Gouernments haue ample pouers to inspect the business premises of the petitioners. In th[s regard, the leerned Counsel for the petitioners llas failed.^{to placeang such authority,} under whicl4 the G.H.M.C is only competent to inspect the business of the petitioners in seruing Hookah-

¶163

In uieu of the foregoing dtscussion, thts CoutT k of the uieu) that the action of the respondents-police is in accordance uith lau.t and. anv interference bg this Court uith the pouers oJ the police it this regard bg exercising the powers under Section 226 of the Constttution of India, is nat u)aranted

¶164

Further, th.e Director General of Police, Telangana Stare, is directed to take appropriate^qction agoinst the officers for their inaction in respect of the restaurants being used as hookah centres and < so to take action against the high-handed acts of the olficers, uho interfered. with the restaurants, tahich are being run uithout there being ang violations. "

¶165

In W.P.No. 14093 of 2Oll, a Iearned Single Judge of this Court referring to the order passed in W.P.No.32 02 of 2Ol4 and the judgment of the Hontrle Apex Court in Narinder S.Chodha and.

¶166

¶167

others a. Municipal Corporation of Greater Mumbai (supra), held

¶168

as under

¶169

"The facts in W.P. No-32O2 of 2O 14 and batch are same and similar to the facts^{asserted in the instant uitpetition. Further,as ightlA pointed out} bA the respondenls there can't and ought not to be a blqnket direction against the respondents for such directton uirTuallV preuents th.e Police from^{euen knowingor tnestigatinguhat is actuollAhappenirqin the} nanne of Jlauoured hookahs. The decision of Hon'ble Supreme Court is distinguishable to the fact situation of this case, for a Ciratlar was challenged in the reported case end th.e legalitg of the Circular uas considered. and decided. Whereas in the cose on hand lhe^praAer and the cquse of action are on alLeged interkrence bA PoLice against Jlauoured^{hookahs seruing and no uittenorderor proceedingis placed} on record to examine the legalitg of such order or^proceeding. Therefore, hautng regard to the uieu taken in the common order dated 27-01- 2017 in W.P.No.32O2 of 2014 and b<ttch, I am satisfied that the instanl wit petition can be dismissed bA adopting the same reasons."

¶170

In W.P.Nos.22O6O of 2Ol7 and 23213 of 2017, a learned Single Judge of this Court vide order dated O2.08.2017, observed^as

¶171

follows:

¶172

" 17) The tun judgments rekned to aboue dealt uith stntation where the tnterkrence of the police in the business of the^petitioners in^serving Jlauoured^{hookah was tn challenge. Situationon Land now is totaly} difJerent and still uerse in view of the notification dated^23.O5.2017 which prohibited seruice in smoking area or space^prouided lor^smoking. Admtttedty, hookah is^q product uhich contqins tobacco and uhen^ang product contains tobacco, the same has to be puffed tn a non-smoking zone. In uiew of the circwlar issued bA the Gouernment,^{serviceof hookah} euen in the no-smoking zone utould be impermissible.

¶173

¶174

It ts to be notccL her(t thot the^{aboue said provistontoill applg if} the hotel/ restauront h..s 3O^rooms and^{lhe coffee shopho's seating} capacitA of 3O^persons or^{more, tuhich does not mean that lrcokah canbe} freelg^{supplied in a restourant whcre seoting capacitvis less l/ran3O or} a hotel where there are less^numbel of^rooms."

¶175

As per Section 4 of the Act, if the^{restauranthas seating} capacity of 30 persons or more, a separate^{provisionfor smoking} area has to be provided. The word Hookah has^{not beendefined in} the COTP Act. Section 3 (k) of the COTP Act defrnes "production".^A reading of the said provision would show that the^word "production" includes making of cigarettes, cigars, cheroots,^{beedis, cigarette} tobacco, pipe tobacco, hookah tobacco, chewing tobacco,^pan masala or any chewing material having tobacco as one of its ingredients^(by whatever name called) or snuff. Therefore, it impiies that all the tobacco products which are taken with the aid of pipe, wrapper or arry other instruments would fall within the dehnition of Section 3(n) of the COTP Act. If the restaurant or coffee shop falling within the ambit of Section 4 of the COTP Act, has to provide a sepErate smoking zone. The Government of India has issued a notihcation in the month of May, 2017, which clearly indicate that no service shall be allowed in a smoking area or in the space provided for smoking. Therefore, the restaurant owners shall not involve themselves in the act of service to their customers, in the prohibited area. Section 12 of the Act confers powers to the police ofhcer not below the rank of

¶176

¶177

¶178

Sub-lnspector of Police or any^ofhcer of^{authorized by the Central} Government or State Government to^{search the premisesat any} reasonable time, if he suspects that^{the provisions of the Act are} contravened namely cigarettes or^{any other tobaccoproducts are} produced, supplied or distributed or^{whether any advertisement of} the cigarettes or any other^{tobaccoproducts are beingmade. While} affecting a search and^{seizure, Section12 of the Act clearly says,that} the provisions of the Cr.P.C.^{have to be followed.}

¶179

Having regard to the^{above, and taking into consideration,} consistent view taken by this^{Court in the aforesaidWrit Petitions,} this Court do not frnd aly^{illegality in police officers, entering into} the premises and searching^{the same, so as to find out whetherthe} owners of the restaurants^{have contravened or violated any of the} provisions of the COTP Act and^{Rules made thereunder.}

¶180

It is useful to^{refer and extractArticle 47 of the Constitution of} India, which reads as follows

¶181

"47. Dutg oJ^{the St/]:te toraise the level of nutrltion d^d the} st.],,I!dc:rd. ol living^fund to^{inltrove public health.-The St.fte shall} regard the raising oJ^{the level of nutrittonondthe standord of living of its} people and the improuement of^{public health qs amongits pimary duties} and, in particular, the^{State shall endeauour to bring a.boutprohibitionoJ} the consumption except for^{medicinalpurposesof intoicatingdrinksqnd} of drugs which are injuious^{to heatth.}

¶182

¶183

17 . This Constitutional Provision specifrcally^dealswith improvement of public heaith a^primary duty of^{the State.The} Court should enforce this duty against^{a defaultingloca1 authority.} Any article which is hazardous or injurious to^{public health is a} potential dalger to the fundamental right to iife^guaraateed to^the citizens under Article 2l read. with Article^{47 and a paramount dut5r} is cast on the States and its authorities to achieve an^appropriate level of protection to human life and health. Further, restrictions imposed by law for supply and serving of tobacco^products including serving hookah cannot be said to be violative of Article f9(t)(g). Having regard to the principles contained in Article 47 of the Constitution, the State or its authorities are having right to regulate the sale of tobacco product which includes running of hookah centres. While granting license to run the restaurants, the State or its authorities must resort to strict scrutiny of the applications. For the purpose of grant of licence, the law as contained in the rules, did not contain any provision for relaxing any condition. In Vincent Panilanrl<rngara o. Union of Indias the Hon'ble Supreme Court observed that "maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends, the

¶184

'^{an l98z sc990: (1987)2 scc165}

¶185

z.)

¶186

building of the society of which the Constitution makers envisaged Attending to public health is of high priority.

¶187

Section 4 of the COTP Act defines prohibition of smoking in a public place. It states that no person shall smoke in any public place. Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made. Admittedly, the petitioners in all these cases have obtained licence to run the hotels / restaurants. Section 6 of the COTP Act prohibits sale of cigarette or other tobacco products to a person below the age of eighteen years and in an area within a radius of one hundred yards of any educational institution. A conjoint reading of Section 6 read with Section 4 of COTP Act clearly indicate smoking of tobacco in any form is prohibited in public places like Hotels, Restaurants and Airports. Rule 4(3) of the Rules, 2OO8, a smoking area or space shall be used only for the purpose of smoking and no other service(s) shall be allowed. A cateful reading of the above provisions, would indicate that the Hotels and Restaurants where normally food is supplied, a_re prohibited from smoking of any tobacco product, unless a separate area is made to allow smoking. Therefore, the contention of the petitioners that the licence obtained by them to run the

¶188

¶189

Hotels/Restaurants a-lso allows them^{to have smoking of hookah and} run hookah centres is not tenable

¶190

lg. The petitioners having obtained^{licence to runhotels/} iestaurants have to comply the conditions^{imposed by the Municipal} Corporation, whereas Section 4 of the COTP^{Act, prohibitssmoking} in a public place. Therefore, the conditions^{imposed by the} Municipal Corporation for granting trade^licence to^{run Hotels/} Restaurants are varying from the conditions that are incorporated under the provisions of COTP Act. The licence obtained for^running Restaurarrts which have the seating capacity of thirty^{persons or} more does not confer any right to the petitioners to convert the same as a place of smoking area or to run hookah centre.

¶191

Admittedly, in the present cases on hand, the petitioners have obtained licences to run Hotels/ Restaurants/Bars ald without speciffing any area as smoking zone as per the provisions of COTP Act arrd Rules made thereunder, as such they are not having right to contend that they are entitled to run the hotels / restaurants as Hookah centres.

¶192

The Hontrle Supreme Court in Narinder S. Chad.ha a. Municipal Corporo:tion of Greater Mutnbai (supra), while dealing

¶193

¶194

with the Condition 35(C) of the Circular issued by the Bombay

¶195

Municipal Corporation, observed as follows:

¶196

"14. It will be seen lLwt Condition 35(C) of the impugned circular essentiollg reproduces Rule 4(3) of the said Rules and then adds the utords'or anV^qpparqtus designed b JAcilitate smoking". The effect of the added u.rords rs that a Hookah canttot be prouided bg the hotel, restaurant or airport being an apporotus designed to facilitate smoking."

¶197

We find it drfficwlt to accept this contention becnuse, if carefullg read, Rule 3 deals uith the prohibitton of smoking in public places, uhich is rekrable to Section 4 (moin part) whereas Rute 4 is referable to the prouiso to Section 4. Rule 3 uould onlg apply u,there there is a total prohibitton of smoking in all public places as is clear from Rule 3(1)(a) uhich n]@,kes it inatmbent on the oluner, proprietor, etc. of a pttblic place to ensure that no person smokcs in that place. It is in tlwt context tLLat ashtrags, matches, Lighters and other things designed to facttitate^{smoking are not to be proudedin public placestuhere} smoking is prohibited altogether. "

¶198

As per Section 3(l) of the COTP Act,^"public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, arnusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space. As per Section 3(g) of the Hyderabad City Police Act, 1348 Fasli (for short "City Police Act"), "public place of zlmusement" means every place or house or tent or enclosure or booth or any other

¶199

¶200

building whether permanent or temporary^{where singing, music,} dancing or any diversion or game and anything^{giving amuscmentor} the means of carrying on the same is^providedand to^whichthe public are admitted either on payment of money or^rvith the^intention that money may be collected from them on admission and^shall include the race-course, circus, theatre, music and dancing^hall, billiard room, S/rnnasium or any other place allotted for such purposes. As per Section 3(h) of the City Police Act, "public place of entertainment" means any enclosed or open place to which the public have access and where any kind of articles of food and drink are supplied for consumption by any person or for the profit of any person owning or having any interest in or managing such place and shall include a refreshment room, tea house, liquor house, boarding house, lodging house, hotel, tavern or sendhi, wine, ganja, toddy, bhung or opium shops. As per Section .3(j) of thc City Police Act, "public place" also includes the place within the premises or enclosure of any public building or monuments ald all places to which the public have access for drawing water, washing or bathing or for the purpose of recreation.

¶201

It is pertinent to state that "public place" as defined under Section 3(l) of COTP Act, includes amusement centres, and the same is defrned in "public place of amusement" under Sections 3(g) of City

¶202

¶203

Police Act. As per Chapter III of the City Police Act, the Commissioner of Police is having power to issue rules and regulations^for preservation of order. Further, as per Section 32 of the City Police Act, for enforcement of orders under Sections 22,23 ald^{24 of the} City Police Act, the police officer may arrest any^{person without} warrant. As per Section 84 of the City Police Act,^police is^having power to speciff conditions etc., for obtaining licences and^permits. Since the City Police Act, confers^power over^{the amusement} Centres/restaurants, which are defined^{as "publicplace" underthe} COTP Act and as per Rule 4 of the^{Prohibitionof Smoking in Public} Places Rules, 2008 permission is^{requiredspeci$ring smokingarea.} In view of the powers being conferred^{on the Commissioner of Police,} under the City Police Act, the^{police are having power to supervise} the business establishments of the^{petitionersand seize the hookah} centres if there is any violation^{of the provisionsof the COTP Act.} Therefore, to establish hookah centres,^{permission from the} concerned authority has to be obtained^{under the provisions of City} Police Act. The petitioners^{shall follow rules and regulationsissued} by the Commissioner of Police^{from time to time for preservation of} the public order.

¶204

¶205

In 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 ofjustice.

¶206

i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specitied under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955.

¶207

ii) Since the Hyderabad City Police Act, 1348 Fasii 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 from the concerned authority under the provisions of the City Police Act.

¶208

iii) 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 entrance must be displayed.

¶209

iv) The respondents-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.

¶210

v) If there is any vioiation of the provisions of the COTp Act and the Rules made thereunder, the respondents-police are at

¶211

¶212

liberty to take appropriate^{action as per the provisions of the} COTP Act.

¶213

Subject to fulfilling^{theabove conditions and also the} provisions of COTP Act, the^{respondents-police are directed not to} interfere with the business^{activityof the petitionersfor running} Hookah Centres. If the^{police are found to act in a highhanded} manner, the owners^{of the HookaICentres are at liberty to bring the} SametothenoticeoftheDirectorGeneralofPolice/Commissionerof Police, as directed^{by this Court in Writ PetitionNo 3202 of 2014 and} batch, in which event^{the said authority shall forthwith take} necessary steps^{in that regard.}

¶214

26 Accordingly, all these^{Writ Petitions are disposedof}

¶215

Miscellaneous^{Petitions, if any, pending in these writ petitions} shall stand closed.^{No orderas to costs}

¶216

C.V. BHASKAR REDDY,^J

¶217

Date: 15. 1 1.2023 SCS

¶218

:r S r I4
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* *
oEspntCHr_o

Ms Be the Wolf, Hyd v. Prl Secy, Home Dept., Hyd and 4 Ot

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Ms Be the Wolf, Hyd v. Prl Secy, Home Dept., Hyd and 4 Ot

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