Disposed

N. Sunil v. Prl. Secy., Home Dept. and 2 Ors.

Telangana HC8 Jan 2024WP/30121/2016

Case brief

AI extract

What is this about?

Restaurant owners challenged police interference with serving flavoured hookah. The High Court held licences to run hotels or restaurants do not permit operating hookah centres; police may inspect premises under the COTP Act and City Police Act, but subject to conditions, were directed not to interfere.

What did the court decide?

Petitioners permitted to run hookah centres without police interference, subject to conditions on licensing, permissions, age restrictions, warning displays and compliance with the COTP Act and rules.

N. Sunil Vs Prl. Secy., Home Dept… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[^32e6 ]

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

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A/ONDAY, 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 REDDY

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WRIT PETITION NO:30121 OF 2016

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Between:

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AND

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ftt^{Sul!,S1oN.H.Babu,Aged 36 years,.Occ Business,Rt/o. H.No.3-6_t7gtc4,} Laxrnrnarayana Apartments, Street No.1 4, Himayathnaqar. Hvderabad (uwner or Games Square, 3-6-10812, Himayathnagar,-Hyderibad ). '

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...PETITIONER

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1 J!9^Sjale.oj lej.angaga,^{Rep. by-itsprincipat Secretary, HomeDepartment,} 5ecretanat Buttdtngs, Telangana Secretariat, HVderabad.

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2 lhe Commissioner of Police, Hyderabad, at BaSheerbagh, Hyderabad. 3 The Station House Officer. Nariyanguda police StationlHVO6iabaO.

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*O=*ra Petition under Article 226 ol lhe 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, more particularly in the nalure of a writ of [,4andamus declaring the banning and interfering with the business of the Petitioner in serving of flavored Hookahs without reference to any rule, law or regulation, as illegal, arbitrary, unconstitutiona I and contrary to the provrsions of the corP Act, 2003 and consequenfly dir€ct the Respondents to permit the Petitioner to continue to do the business of serving of flavored Hookahs without any hindrance or restriction except under law.

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l.A. NO: 1 OF 2016(WPMP. NO:37262 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 Hlgh court may be pleased to direct the Respondents not to interfere with the business of the petitioner in serving of flavored Hookahs to their customers except in accordance with law, pending disposal of the writ petition.

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Counsel for the Petitiofler: SRI P.SRI HARSHA REDDY Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER

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l ,l

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.3O12l of 2OL6

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ORDER:

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When the matter is taken up for hearing, Iearned counsel for the petitioner submitted that the issue raised in this writ petition is squarely covered by the common order passed by this Court in W.P.No.8223 of 2O13 and batch dated 15.11.2023 and therefore, the present writ petition may be disposed of in terms of the said order.

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Learned Assistant Government Pleader for Home

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appearing for the respondents has not disputed the said fact.

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[n vien, of the above submissions, this Writ Petition is disposed of in terms of the common order dated 15.11.2023 passed by this Court in W.P.No.B223 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/- N. CHANDRA SEKHAR RAO ASSISTANT REGIS RAR

//TRUE COPY//

To,

SECTI N OFFICER

'l . The Principal, Secretary, Home Pepartment, Secretariat Buildings, Telangana Secretariat Hyderabad. State ol Telangana.

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The Commissroner of Police, Hyderabad, at Basheerbagh, Hyderabad.

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The Station House Officer, Narayanguda police Station, Hyderabad.

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One CC to SRI P.SR| HARSHA REDDY, Advocare tOpUCl

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Two CCs to GP FOR HOI\4E, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

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(Along with the copy of order dated 15.11.2023 , in W.P.No.8223 ot 2013 and II batch) BSR GJP \

HIGH COURT

DATED: 0810112024

ORDER

WP.No.30121 of 2016

1HE sIA 16
1:
? 3 tlAH 2[2{

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITIoN Nos.8223 l2or3, 3427 l2Ol5. 4574212o22. 46505 I 2022, rsz, t r27, LaOg, 19?A,27 29, 2,235, 29s4, 3124, 3758 37A4 4150 4297 4304 433() 4562 46AO 5()84 5097 5147 5149 651() 6523 7rag 7297 7485 75o4 7949 7963 8l17 4226 4246 a268 8498 8509 8564 9558 tot22 to24t 1o425 LO77S r0814 11008 tt2t3 11463 ,2360 12442 L4129 t4134 15706 16L72 16839 L7917 18351 18429 19()05 19051 L9742 22244 22292 22305 2373A 23a92,24696, ?5O 30952 of 2o23

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COMMON ORDER:

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Since the issue involved in all these Writ Petitions is intrinsically interconnected, they are being taken up and heard together and disposed of by this common order.

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As the respondents have filed consolidated counter aJfidavit in Writ Petition No.465O5 of 2022, the said Writ Petition is taken up as a leading case-

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W.P.No.465o5 of 2022 is frled under Article 226 of tl:e Constitution of India, seeking the foilowing relief:

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"to pass an order, direction or a Wit^{partictl.larlg} in the nature of Wit of Mandamus direcling the respondents^herein to allotu^{the petitionerherein} to serue lookqh in his establishment freelg as^long as^he follous^the "Cigarettes and Other Tobacco^{Products(Prohilition} of^{Aduertisement} and Regulation of Tracle Commerce Supply and Distribution) Act,^2OO3 qnd rules and that the petitioner be allotued to serue hookah in open areqs cLrttl smoking zones ancl to^{i.ssue necessarydirectionsto} the^effect that no c.oerciue acton of anu nature ought to be initiated against^the petitioncr or his establishment nametA "Resign Skg Bar" located in Madhapur^"

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The case of the petitioner is that he is^{runningthe restaurant} under the name alrd style 'Resign^{Sky Bar' since many years and} also obtained trade license from the Greater^{Hyderabad Municipal} Corporation, Hyderabad. It is further case of the^{petitioner that} owners of certain restaurants^{had filed Writ PetitionNo.32O2of 2Ol4} and batch on the file of this Court,^{wherein this Court vide common} order dated 27 .O1.2O17 , allowed the^{petitionerstherein to serve} Hooka-h as long as they follow^{rulesand regulationsand also the} conditions stipulated therein like^{having CCTV cameras andnot} serving to minors etc.,. It is further^{case of the petitioner that even} though the restaurant owners are^{following the rulesand regulations} as prescribed under the Cigarettes and^{Other TobaccoProducts} (Prohibition of Advertisement and Regulation of^{Trade Commerce} Supply and Distribution) Act,^{2OO3 (for short"COTPAct, 2OO3"),the} task force police under the control^{of respondent No'2 are visitingthe} business place and foisting^{false caseswith a malafide intentionto} force the owners of the business^{establishmentsto shut downthe} hookah sales and usage. It is further^{case of the petitioner that the} owners of the restaurants again^{approached this Court and filed Writ} Petition W.P.Nos.22O6O and 23213 of^{2Ol7 and this Court vide} common order dated O2.O8.2OI7 disposed^{of the said Writ Petitions} ald ordered that the restaurant owners are free to run their

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restaurants as per mles and regulations and that if police takes any steps, th€ petitioners therein were given liberty to approach the Director General of Police/ Commissioner of police and lodge complaint regarding illegal interference of oflicers. 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, 222 and 329 IPC. It is further case of petitioner that cases under aforesaid Sections cannot be filed against the restaurant owners if they serve hookah to their customers and that there is no general ban on selling tobacco ald tobacco products. It is further case of the petitioners that owners of the restaurants filed Criminal petitions vide Crl.P.No.56l9 of 2O2O and batch on the file of this Court seeking to quash the proceedings in respective Crimes/Calendar Cases/ Sessions Cases registered for the offences under Sections 188, 269, 27O, 272, 273, 328, 336 & 42O read with 34, 149, 511 of IPC; Sections 3(ml, 20(21, 2r(r), 2t(2t, 22, 7 (31 and 7(5) of the COTP Act, 2OO3 and Sections 58 and 59(i) of the Food Safety and Standards Act,2006 (for short 'FSS Act). This Court vide common order dated LO.06.2022, allou..ed the said Criminal Petitions, quashing the proceedings in the respective Crimes/Calendar Cases/Sessions

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Cases in terms of^{the common order, datedO5'O7'2021passedin} Mohd. Jatneel^{Ahmed as. S;talte of Telanganal' It is furthercaseof} the petitioners that^{since there is no prohibition underCOTP Act'} 2OO3 to serve hookah,^{interference by therespondents-police} amounts to violation^{of the rights guaranteed underArticle 19(1)(g)of} theconstitutionoflndiaandalsotheprovisionsofCoTPAct,20o3.

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A consolidated counter^{affidavit has been hled bythe} respondent Nos.1^{to 5 in W.P.No.46505} /2022,^{whereininter alia it is} stated that the^{petitionersare seekingto give a direction to permit} running of "Hookah^{Parlour"and serving of Hookahin Restaurants} beyond the areas designated^{by the statute lt is furtherstated that} the details of those^{Hookah Centres/Hookah Parlours/HookahBars} are conspicuously^{missing' The petitionerswithout mentioningthat} they are complying with^{various statutory provisionsof COTPAct'} 2O03, have simply^{averredthat they are servinghookah in their} premises. It is further stated^{that no statute or rcgulation refers to} Hookah Centres/Hookah^{Parlours/Hookah bars lnthe counter} affidavit,therespondentshavereferredvariousconstitutional provisions relating to hea-lth^{and right to life ltis stated by the} respondents that as^{per Article 21 of the Constitution of India' it is} the responsibility of the^{Governmentto direct its policy towards}

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'^2oz2ctiLi642

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securing tender age children and give them opportunities to develop in a healthy manner. It is further stated that World Health Organization Framework Convention on Tobacco Control (WHO FCTC) and its guidelines provide the foundation for countries to implement and manage tobacco control. The WHO has introduced MPOWER measures which correspond to one or more articles of the Framework Convention, to assist in reducing the demand for tobacco products at country-level. It is further stated that hookahs are smoked in a closed cabins or rooms and persons who smoke, sit for hours together and inhale much more smoke than those who smoke cigarette for 3 to 4 minutes. It is further stated that Hookahs sometimes called l,vater pipes' and they are used to smoke specially made tobacco that is available in a variety of flavors, such as apple, mint, cherr5r, chocolate, coconut, licorice, cappuccino, and watermelon. It is further stated that Hookah smoking is typically practiced in groups, with the same mouthpiece passed from person to person. Water pipe smoking delivers the addictive drug nicotine and it is as toxic as cigarette smoke and due to the mode of smoking including frequency of puffing, depth of inhalation, and length of the smoking session, hookah smokers may absorb higher concentration of the toxins found in cigarette smoke. It is further stated that a typical one hour long hookah smoking session involves inhaling l0O-

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2OO times the^{volumeof smoke inhaled from a singlecigarette'} Hookah smokers^{are at risk for the samekinds of diseasesthatare} caused by^{cigarette smoking,including oral calcer'lung cancer'} stomach cancer,^{cancerof the esophagus' reducedlung function'} and decreased^{fertility. Hookah smoking is NOT a safe alternative to} smoking cigarettes.^{The charcoal used to heattobaccoin the hookah} increases the^{health risks. Even after it has passed through water,} the smoke^{producedby ahookah containshigh level oftoxic} compounds,^{includingcarbon monoxide' heavy metals' and cancer} causing chemicals^{and thusprayed to dismiss the writ petitions'}

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6 Heard both sides^{ald perused the record}

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The learned^{counselfor the petitioner submitted that the} res pondents-police^{are frequenfly interfering with the petitioner's} business activity^{of serving hookahin the designatedsmokingarea} in thc restaurant^{and prbventing the petitionerfrom doingtradc lt is} further submitted^{that the action of the respondents in asking the} petitioner to stop^{offering hookahin the absence o[ any materialto} show that the^{businessis in violationof the guidetines prescribedby} the Apex Court^{in Narind.etS' Chad'hoa' Municipal Corporation} of Greater Mumbqi2^{and the COTP Act'20O3' amountsto}

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: {l()l.l ) l5 SCC 689

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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 ald 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 potice under the guise of implementing the reguration 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., and also pard advance 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 Honble Supreme Court in Narind.er S Chadhc,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 q, S, 6, 7, A,9, 10, l l, 13, 15, 77 ar,d. 18 of COTP Act, 2OO3. He argued that COTp Act, 2OO3 has

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not only included^{cigarettes likeCigarettes (Regulations of} Production,^{Supply and Distribution)Act, 1975 but also brought all} other forms^{of tobacco products(both smokingand smokeless);} prohibition of smoking in public^{places; Imposing nationwide public} smoking ban^{and specified particularplaces as non-smokingzones;} Ban on tobacco^{advertising and sponsorship; Ban on sale to minors} andinanareawithinradiusoflo0yardsofanyeducational institution;^{Displaying of pictorialhealth-warning labels; That the} specilied health^{warnings must occupy at least 4Ookof the principal} display area^{on the front panel of the pockets'and shall be rotated} every 12^{months;that the law alsoprohibited more than two} languages from^{berng used on the pack to ensure that specihed} warnrng is legible^{and prominent'It is furthersubmitted that with} effect from^{2"1 October, 2012,the Government began screeningtwo} anti tobacco^{advertisementsinmovie theatresand television'} Nicotine and^{Tar contentsof all tobacco productsmustbe clearly} displayed on^{the packs. Producersof tobacco productsmust ensure} that these^{harmful contents are within the maximumperrnissible} limits as^{prescribed by the rules' The learnedSpecial Government} Pleader lurthcr^{submittedthat Rule4 of the Prohibition of Smoking} inPublrcPlacesRules,2oo8(forshort..Rules,2o08,,)mandatesthat the owner,^{proprietor, manager, superrrisor or in-charge of the affairs}

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of a hotel having thirt5r or more rooms or restaurant having seating capacity of thirty persons or more and the manager of the airport may provide for a smoking area or space as defined in rlle 2(e). As per Rule 4(3), no service shall be allowed in any smoking area or space provided for smoking. Therefore, no ash trays, lighters, matches or other things to facilitate smoking are to be provided in a public place as per Rule 3(c) of the Rules, 2008. It is further submitted that as per Rule a $l@), smoking in public places is completely banned and for a person visiting a Restaurant or a Hotel satisfying the statutory requirement, the Hotel or Restaurant may designate a separate area or space as per the definition of smoking area in Rule 2(e) and such a person visiting the hotel or a Restaurant is free to smoke in the designated smoking area. The Restaurant or the Hotel will not provide any smoking apparatus or anything that aids smoking. It is further submitted that Rule 3 (t)(c) specitically places a bar on the owner, proprietor, manager, supervisor or incharge of the affairs of public place to ensure that no ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place, therefore the necessary corollary that would follow is that, there cannot be active participation 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 cannotbe permitted in the public} area of a restaurant^{cannot be stretched to mean that itcart be} provided in the^{smoking area.It is further submittedthat the Trade} licences obtained^{by the petitionersfrom the Greater Hyderabad} Municipal Corporation,^{does not disclose that they have beenissued} after a declaration^{that they are running "HookahCentres"'The} learned Special^{Government Pleaderrelied upon Section521 of} GHMC Act,^{whrchspecihcally statesthat no person sha-ll without} licence keep, in^{or upon any premises, for sale or for other than} domestic use,^{any article specified in Part III of Scheduie P Itis} further submitted^{that Charcoal, which is used to facilitatethe} smoking of^{the Hookah is an Article mentionedin Part III of Schedule} P. The use of^{charcoalfor the purpose of Hookah smokingis very} dangerous and^{can pose a risk of fire accidentsapart from creatinga} nuisance to^{the persons who may visit the Restaurant or Hotel lt is} further submitted^{that the licences of the petitionersdo not disclose} that they have^{hled declaration that they intendedto use Trade} Licences to^{permit HookahsmokingThere is no occasion for the} Municipal authorities^{to considerthis aspect'The learned Special} Government^{Pleaderfurthersubmitted that even thoughearlier} batch of cases^{have been disposed of by this Court, the issues raised}

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in these writ petitions are not specifrcally adverted and this Court has not taken into consideration that Hookah is also a Tobacco product and the provisions of COTP Act, 2O03 apply. It is further submitted that prayer sought in these writ petitions is in the nature of restraining the authorities from inspecting the premises where Hookah centres are being run and in fact as per the provisions of Hyderabad City Police Act, 1345 Fasli, the police has power to inspect any public place for the offences committed under the said Act, i.e, exposing of body in indecent manner, possession of suspected articles, indecent acts in streets etc., committing nuisance in or near public place. It is further submitted that since the observations made in the earlier batch of cases does not specifically restrain or declare the powers exercised by the police ofiicers as illegal, the police ollicers are entitled to supervise and inspect, seize and seal the petitioners establishments if any violation is being found under Section 12 of COTP Act. Since the orders passed in the earlier writ petitions, does not give blanket protection or recognizes the independent existence of "Hookah Centres", the judgments relied upon by the petitioners are not helpful to the case of the petitioners and therefore, the learned Special Government Pleader prayed for dismissal of the writ petitions.

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It is apt and^{appropriateto extract some of the relevant}

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provisions of COTP^{Act, 2003, which are as follows:}

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'g.^{Definitions.-lnthis Act,unless the contert otherutiserequires'-}

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(a) "aduerlisement" includes ang^{uisible representation} -by^{wag of notice'} circular, lqbel, wrapper^{o,oih", document and also includesang} made iraltg or bg^{ang meansof producingor transmitting} onnoun "^.ni light, sound, smoke^{or gas;}

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

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(i) ang rotl of tob(7cco wrapped.^{in paperor in anyother substance not} containing tobacco,

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(ii) any rotl of tobacco^{utrappedin anA substance containing tobaclo'} u-,hich, Lg^{reason of its appedrance' the tVpe of tobaccoused in the filter'} i, iis poit^{ogtngoia bt Liti"g is likelg to be offered to, or purchnsed bv'} *n"r.i^.r" is^{Jigarette,but doesnot includ'ebeedi, cherootand cigar;}

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(d) "export", Luith its grammaticql^{uo.ia.tionsand cognate eryressions'} 'meqns taking out of Inclia to a pkt'ce outside India;

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(e) "foreign language'^{means a languageuthichis neitheran Indtan} language^{nor the English Language;}

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(fl "imporl", Lultll its^{grclmmotlcalu(lriations and cognateexpressions'} -ieani binging into India from a ptace outside India;

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(g)^"lndian language"^{ntec.ns q l(rnquogespecified i,n} -the^{EighthSchedule} t6 the ConstitLition,^{andinchxlesang dialect of such language;}

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(h) "label' means ong wittcn,^{marked,stamped,pintedor graphic} matter, affxed^{to, or appearing upon,angpackage;}

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(i) "package" inctudes^a urapper,^{box, carton,tin or other container;}

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A)^{"prescnbed"meansprescribed by rules made underthis Act;}

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(k) "produt:tion", trith its^{grommaticqluqiatiotts} .^andcognate 'n*pr.ttior.", includcs the makinq of cigarettes, cigars, cheroots' beedis' cigarette tobQcco,^{pipe tobocco,hookah tobacco, cheuing} .tobacco'^pan ias<rla o, ang chetiing^{material hauing tobqccoas oneof its ingredients} (bg whateuer name called)^{or snuff andshallinclude-}

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(i) packing, labelli.Lg or^{re labelling, of contoiners;}

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(ii) re-packing from bulk packages to relail 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 place" means ang place to ulhbh the pu.blic haue^qccess, whether as of right or not, ond includes auditoium, lnspital buildings, railwaV Luaiting room,^qmusement centres, restaurants, prtbtic olfices, court buildings, educattonal institutions, libraies, public conuegances and the like which are uistted bg gen-eral public but does not include ang open space;

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(m) "sale", Luith its grammatical uaiations and. cognate expressions, means eng transkr of propeftg in gads by one person to another, uhether for co.sh or on credit, or bg uag of excLnnge, and uhether wholesale or retatl, and inbludes an agreement for sale, and offer for sale and exposure for sale;

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(n)^" smoking" , means smoking of tobacco in anA fonn uhether in the form of cigqrette, cigar, beedis or othenuise uith the aid of a pipe, wrapper or qnA other instruments;

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(o) "specified warning" meons such uannings against the use of cigarettes or olher tobocco

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products to be pinted, painted or inscibed on packages of cigarettes or other tobacco products in

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such form and manner as mag be prescibed. bg rules made under this Act

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(p)^"tobacco products' meqns the products specified in the Schedule.

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Prohibition o;[ stnoking in a public place.-No person shall smoke in ang pubLic place:

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Proui<led that in a hotel having thirtg rooms or a restaurant^hauing seating capacttlJ of thirtg^persons or more and in the airports, a separate proursron for smoking area or space mag be made.

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Prohibition of aduertisement of cigarettes and other tobacco products.-(1) No person engaged in, or purported h be engqged in the production, supplA or distibution of cigarettes or ang other tobocco products shall aduertise and no person hauing control ouer a medium shall ccrrr.se to be aduertised cigarettes or anA other^{tobacco products} through thet nrediurn and no person shall take part in anV aduertisement which directltl or vtdirectlg suggests or^{promotes the use or consumption} oJ cqorettes ctr any other tobacco^products.

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(2) No person, lor arty direct or indirect pecuniary benefit, shall-

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(a) displag, cause to dispLag, or permit or^{authoriseto displag ang} aduertisenent oJ cigarettes^{or anA othertobacco product; or}

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(b) selt or couse to sell, or permit or authoise^{to sella} film^{or uideo} tape containing aduertisement^{of cigatettes or ang other tobacco product;} or

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(c) distribute, cause to distribute, or Pennit or authoise^{to distribute} to the public anA leaJlet, hand-bill or^{document uhich is or uhich} contains^qn aduertisement^{of ctgarettes or anA other tobacco product; or}

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(d.) erect, exhibit, fx or retqin upon or ouer ang^{land, building,uall'} loarding, Jrame, post or structure or^{upon or in ang uehicle or shall} di.sploy in anA manner whatsoeuer^{in ang place ang aduertisementof} cigaretTes or any other tobacco^product:

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Proutded that this sub section^{shall not applg in relation to-}

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(a) an aduertisement of ctgarettes or anA othel^{tobaccoproduct in or on a} package containing cigarettes or onA other^{tobdcco product;}

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(b) aduerttsement of cigarettes or ang other^{tobacco product tuhich is} displaged at the entrance or inside^{quarehouseor a slnputhere} cigarettes and ang other tobacco^{products are offered} Jor^{distibutionor} sale.

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(3) No person, shall, under o contrQct or othenuise^{promoteor agreeto} promote the use or consunlptiott of

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(a) cigarettes or ang other tobacco^{product; or}

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(b) ang trade mark or brancl name of cigareltes or ang^othertobacco product in exchange for c -spon.sorship,^{giJt, pizeor scholarship giuen} or agreed to be giuen bg another^person.

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6, Prohlbttion on sole of cigqrette^{or othertobq.cco productsto a} person belou the age ol eightee^^gedrs ondⁱⁿ Pqrticula?^dret-No person shall selt, offer for sole. ctr Jx:rrnrt sale of,^{cigarette or ang other} tobacco product-

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(a) ta ang person who is under erghtcen UeQrs^{of age, and}

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(b) in an area withitl a radrus of one htLndred^{gardsof ang educational} institutio n.

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Restrictions on trode and. commerce^{in, and production'supply} and distribution of cig@rettes o.nd other^{tobocco products.-(1)No} person shalt, directlg or utdirectly,^{produce,supptg ordistribute} cigarettes or anA other tobacco^{productsunless euerypackage of} cigarettes or anA other^{tol)ctccoproducts produced,suppliedor} distibuted bg him bears thereon,^or on^{its labelsuch speci.ftedwaming} including a pictoial u'arnirtg as^{ntayb<: prcscibed.}

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(2) No person shall carry on trade or commerce in cba.rettes or ang other tobq(to products unless euery pockage of ctgarettes or anA other tobacctt products sold, supplied or distibuted bg him bears thereon, or on its label, the specified Luarning.

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(3) No person shall imporl cigarettes or any other tobacco products for distribution or supptg for a ualuable consideration or for sale in India unless euery package of cigarettes or ang other tobacco products so impotted bg him bears thereon, or on tts label, the specified uarning.

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(4) The specrf.ed utamtng shall appear on not less than one of the lnrgest panels of the package tn which cigarettes or anA otller tobacco products haue been packed for distibution, sale or supplg for a ualuable conside ration.

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(5) No person shalt, directlg or indirectlg, produce, supplg or distibute cigarettes or ang other tobacco products unless euery package of cigarettes or ang other tobacco products produced, supplied or distibuted bA him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or^qs the case maV be on other tobacco products along with the ma)amum permissible limits tlrcreof:

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Prouided thot the nicotine and tar contents slall not exceed. the mo-rimum permissible quanhtA thereof as mag be prescibed bg rules mad.e under this Act.

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Testiig laboratory Jor nicotine and tq.r contenb.-For pury)oses of testing the ntcolirc anci tqr contents in ctgarettes and anA other tobacco products the Centrol Gouernment shall bg notification in the OffciaL Gazette grant recognition to such testing laboratory q.s thqt Gouernmenl mag deem necessarA.

¶132

Pouer of entry^qnd seq.rch.-(l) Ang police oJficer, not beloru the rank of a sub-iaspcctor or ang offi.cer of State Food or Drug Administrqtiott or enLt other offcer, holding the equiualent rank being not below the rank of Sub lnspector of Pohce, authoise side bg tlrc Central Gouernment or bg the State Gouernment mag, if he h,,s ang reason to suspect that artq prouision of this Act has beeq or is being, contrauened, enter and search [n the monner plescribed, at any reasonable time, ang factory,^{buiLclorg, bustnesspremrsesor anA otherplace,-}

¶133

(a) Luhere atLLJ trade or commerce in cbarettes or ang other tobacco products is carriecl on or cigarettes or anA other toba@o products are producerl, strpplied or distibuted; or

¶134

(b) uthere atLll a.luertisement of the cigarettes or ang other tobacco prodltcts has bee:n or is beinq made.

¶135

(2) The proutsions of tlrc Co<1e of Ciminal Procedure, 1973 (2 of 1974), shall apply to euerlJ seorch and setzure made under this Act.

¶136

¶137

Pouer to seize.-(1)^{If any potice offcer,not belowthe rankof a sub-} inspector or anA ofitrcer oi^{Staie roodor Drug Administrationor ang other} olficer, holdin{ tiie eqtiualent^{rank being not belou the rank of Sub-} Inspector of Pitice,^{quihoised bg the Central Gouernmenl or bA the Stqte} GouemnEnt,^{ho.sanA reason to belieuethttt,-}

¶138

(a) in respect of ang package of^{cigarettes or qnA other tobacco} products, or

¶139

(b) in respect of ang ad.uetTisement^{oJ cigarettes or anAother tobacco} prodttcts,

¶140

the prouisions of this^{Act Ltauebeen, or are being, contrauened,he maA} sai such^{package or aduerlisement mqteialin the manner prescribed'}

¶141

(2) No package of cigarettes or^{ana other tobacco productsor} 'adr"rtis6^ent^-mateial ieized under clause (a) of sub section (1) shall be retained bg the offcer^{who seizedthe package or (tduertisementmaterial} for^{a peiid.rnbdingninetgdagsfromthe date of the seizure unless} 'the aiproual of the^-Districi Jud-ge, within the local, hmits oJ whose iu*diaion^{suZh seizure was made,hcts beenobtatned forsuch} retention.

¶142

Co,nfisc(rtion of^{package.-Any packageof cigarettes or ang other} tobacm^-products or iig^{aduertisement materiat of cigarettes or ang other} tobacco products, in^respect of^{LDhichangprouisionof thisAct hos been} or is being contrauened,^{shotl be tiable to be cottfiscated:}

¶143

Prouided tllat, wLwre tt is^{establishedto the scttsfctctionof the court} adjudging the conrtscation^{thatthe person in uthose pos'session,pouter} or-"oit ri ang such^{packageof cigarettes or o} A^{oLher toboccoproducts} is found is it responsibli Jor tne contr(luention^{of theprouistons of this} Ait, the Court mig,^{insteadof makitg an order} for^{the conf'scationof} such package, moke^{suchother orderouthoisecl bg this Act againstthe} persin guiltA of the breach of^{the prouision.sof this Act as it moA think} rtL

¶144

Co'I.frscoitio7. not to^{interfetewith other punish''[ents-No} confiscation mad.e, costs^{orderedto be patd under this Act shallpreuent} tlg inJliction of ang^{punishment to tLthichtheperson alfectedtherebgis} tiable under the^prouisions of^{this Act or umler artg other law.}

¶145

2O. Puntslaneat for loilure^{to giuespeciJiedwarning o'ndnicotine} and tclr co'lltents.-(1) Ang^{personwho producesor manu.fachlres} cigarettes or tobocco^{products,Luhich do notcontain'elther on the} pickage or on their labet, the speclfed^{Luqrningand the nicotineand tar} 'conteits, shalt in the case of llrst cotlulctton be punishable with impisonfiLent for a term which^{may extcndto tluo ge'Lr's,or with Jine} -ii"h ^og second or subsequent^{eitendto fiue conuiction, thousand ntpees' tuithimpnsonment or utth} for^{both, a qnd term lor u'thichthe} mag extend to fiue gears and^u'ith fine^{uthrclt mag extend to ten} thousand rupees.

¶146

(2) Any person uho sells or distibutes cigarettes or tobqcco producE which do not contoin either on the package or on their label, tfle srycifred uarning and the nicotine and tar contents shall in the case of first conutction be punishable with imprisonment for a term, which mag extend to one gear, or uith fne which mag extend to one thousand. rupees, or with both, and, for the second or subsequent conuiction, uith tmpisonment for a term which mag extend to tluo gears and with fine tahich maA extend to three thousand ntpees.

¶147

Punishlment Jor stnoking in certlrin plo.ces.-(l) Wlweuer contrauenes the proutsions oJ section 4 shall be punishable uith fine tuhtch mag extend to two hundred rupees.

¶148

(2) An offence under this section sholl be compoundable and shall be tied summailg in accordance uith the procedure prouided. for summary trials in the Code of Ciminal Procedure, 1973(2of 1974).

¶149

On earlier occasions, identical issues to the cases on hand, carne up for consideration before this Court in W.P.No.3202 of 2OI4 and batch, W.P.No. 14093 of 2O11, W.P.No.4942 of 2012, arrd, W.P.Nos.22O6O of 2Ol7 and,23213 of 2017

¶150

In Writ Petition No.32O2 of 2Ol4 and batch, this Court dealt with a similar situation where the police were interfering with the business activities of the petitioners therein, in serving flavoured hookah in their coffee shops. Dealing with the said aspect and also taking into consideration various provisions of the COTP Act, the petitioners cases were rejectecl, holcling as under:

¶151

"16. Insofar as tlre itterference of the police are concemed, it is pertinent to note thot lhe prouisions of Section 12 of the COTP Act confer pouers to the police not belolu the rrlrlk of Sub Inspector of Police or ang officer of the SLote Food or Drug Administration or ang otlrcr oJficer, holding the equiuaLcnt rank being not belou the rank of Sub Inspector of Police^quthonzerl blJ tlte CetltraL Colternnlett or by the State Gouemment,

¶152

¶153

mag, if hc hns ang^{reasonto suspect thot anAprouisionof this Acl has} been or is being contrauened,^{enterand search in the mannerprescibed} st any reasonabl.e time^at factory,^{buitding,businessor anA otherplace'}

¶154

In the light of this^{prouisionand Section149 Cr'P'C,the} contention oJ the leamed^Cour*el for^{the petitioners that the acts of the} Police amount to^{infringementof} fundamental^{ights and thatthe poLtce} qre not the comPetent authoitg, but it is onlA the^{G H M.C that is} competent to interfere utith^{the business of the petitioners,u)hoare} seruing Hookhas,^{does rJothaue ang} force.^{Thereiore,this Caurtis of the} uieu that und.er Section^{12 of tLtE Act andSection 149 Cr'P C , thepolice} including the oth.er olutlrrldltles^{as authorized'bg both Centralond State} Gouemments haue^{ample pou.tersto inspectthe business premises of the} petitioners. In this regard, the^{leamedCounsel} Jor^{the petitionersha.s} faited^to Place^{dny such authoitg, under uthich, the G H M'C is onlg} competent to insPect the^{business of thepetitonerstn seruing Hookah'}

¶155

In uieu of the foregoing^{discussion, this Court is of the uiew that} the action of the respondents-potice^{is in accordanceLutth laui and onq} interkrence bg this Court tuith^{the powersof the police in this re(lard bA} exercising the pouers under^{Section226 of the Cotlstituttotlof India, s} not tuananted..

¶156

Further, the Director General^{oJ Pohce, Telctngana Stole,i's} directed to ta.ke appropiate^{action qgainst the offtcers} for^{tlPV inaction} in respect of the restaurants^{being used a-s hooknh cenfrc's ondai'so to} tqke action oLgoLinst the^{high-handedacts of thc ofJicers' u''ho interkred"} wtth the restaurants, ttthich^{are being run Luithout tllere beingang} uiolotions. "

¶157

In W.P.No. 14O93 of 2oll,^{a iearnedSingleJudge of this Court} referring to the order^{passed inW.P.No.32O2of 2Ol1 and the} judgment of the Hon'ble Apex Court in Narinder^S'Cho.dhaand

¶158

¶159

others a. Municipal Corporation oJ Greater Mutnbai (supra), held

¶160

aS trnder:

¶161

"The facts in W.P.NI.32O2 of 2Ol4 and batch are same and similar to the facts^{asserted in the} instant uit petition. Further, as rightlA pointed out bg the respondents there can't and ought not to be a btanket direction against the respondents for such direction uirtuallA preuents the police from^{euen knouing or investigating} what 6 actuallg happening in the name of Jlatnured hookahs. The dectsion of Hon'ble Supreme Court is distinguishable to the fact situation of this case, Jor a Circular ../c.s challenged in the reported case and the legality of the Ctrcular u.)as considered and dectded. Whereas in the case on hand the prager a.nd the cause of action are on allegecl interference bg police against Jlauoured^{hooko,hsseruing} and no wntten order or proceeding is placed on record to examine the legalitg of such order or proceeding. Therefore, hauing regard to the uiew taken tn the common order dated 2Z_Ol_ 2O1Z in W.P.N,.32O2 of 2O14 and batch, I am satisfecl that the instant urit petition can be dismissed by adoptmg the same rer.sons..

¶162

In W.P.Nos.22O6O of 2Ot7 and 232t3 of 2OlZ, a learned Single Judge of this Court vide order dated O2.O8.2O17, observed as follows:

¶163

'17) The truo judgments rekrred to oboue (jeolt with situotion u)here the interference of the police in fhe bu-sines-s of the petitioners in seruing flauoured^{Ltookahwas in challenge.} Sintction on hand now is totallA different and still uerse [n uietLt of yl.1s tloturtcation dated 23.05.2012 ttthich prohibited seruice tn smotitrT eree or spc.cc proutded lor smoking. Admiltedlg, hookcth is a product tuhich contains tobacco end when any prod.uct contains tobacco, the.snrne hcs to be puffecl in a non-smoking zone. In uietu oJ tle circular issued bg the Gouernment, seruice of hookah euen in the no-smoking zone tuould be impermissible.

¶164

¶165

It is to be noted^{herelhat the abouesaid prouisionu'till applg if} 18) the hotel/ restauront^{hcLs 30roomsand the coffeeshop hasseatinq} capacitg of 30 Persons^{or more, u)hich doesnot mean that hookah can be} freelg^{supplied in a restaurant u)hereseottngcapacitg is less lhan 3O or} q hotel uthere there sre less number of^rooms'

¶166

As per^{Section4 of the Act, ifthe restaurant has seating} capacity of 30^{persons or more' a separate provision for smoking} area has to be^{provided. The word Hookah has not been defined in} the COTP Act.^{Section 3 (k) of the COTPAct defines "production" A} reading of the^{saidprovision wouldshowthat the word "production"} includes making of^{cigarettes, cigars, cheroots' beedis'cigarette} toLracco,^{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, itimplies that all the} tobaccoproductswhicharetakenwiththeaidofpipe'wrapperor any other instruments^{would fall withinthe dehnitiono[ Section 3(n)} oftheCoTPAct.Iftherestaurantorcoffeeshopfatlingwithinthe ambitofsection4oftheCoTPAct,hastopr<lvtdc.Iseparate smoking zone.^{The Governmentof India has issueda notihcaLtion in} the month of^{May, 2017,which clearly indicatethat no service shall} be allowed in a^{smoking area or in the spaceprovided for smoking'} Therefore, the restaurant^{ownersshall not involvc thcmsclvcs in the} act of service to their^{customers,in the prohibitedzrrea Scctron12 of} the nct confers^{powers to the police officer not below the rank of}

¶167

¶168

Sub-Inspector of Police or any officer of authorized by the Central Government or State Govemment to search the premises at any reasonable time, if he suspects that the provisions of the Act are contravened namely cigarettes or any other tobacco products are produced, supplied or distributed or whether any advertisement of the cigarettes or any other tobacco products are being made. While affecting a search and seizure, Section 12 of the Act clearly says, that the provisions of the Cr.P.C. have to be followed.

¶169

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

¶170

It is useful to refer and extract Article 47 of the Constitution of India, which reads as follows:

¶171

'47. Irutg ol thc State to raise the leve, of ^utrition and the sia.nd.ard of ltaing and to itnproue public health.- The State shall regard the ratsing of the leueL of nutrition and the standard of liutng of its people and the improuement oJ public heelth es cunotg its prinara duties and, in parttcular, the State shall endeauour to bnng about prohibition of the consumption except for medicinal purposes oJ intoxicating dinks ancl of drugs uhich are injuious to health.

¶172

¶173

This Constitutional^{Provision specihcallydealswith} improvement of public^{health a primary duty of the StateThe} Court should enforce^{this duty against a defaultinglocal authority'} Any article which is^{hazardousor injurious to public health is a} potential danger to the fundamental^{right to life guaranteed to the} citizens under Article 2l^{read with Article47 and'a paramountduty} is cast on the States^{and its authoritiesto achieve an appropriate} level of protection to^{human life and health' Further, restrictions} imposed by law for supply^{and servingof tobacco products including} serving hookah cannot be^{said to be violative of Articlet9(t)(g)'} Having regard to the^{principlescontainedinArticle 47 oft):,e} Constitution, the State^{or its authorities are having right to regulate} the sale of tobacco^{productwhichincludes running of hookah} centres. While^{granting licenseto run the restaurants, the State or} its authorities must resort^{to strict scrutiny of the applicationsFor} the purpose of gralt of^{licence, the law as containedin the rules, did} not contain any provision for^{relaxingany conditionlnVincent} Panikurlangara u.^{(Jnion ofIndiaothe Hon'ble SupremcCourt} observed that^{"maintenanceand improvement of public health have} to rank high as these^{are indispensable to the very physicalexistence} of the community and on^{the bettermentof these depends,the}

¶174

' erR r98r sc^{990( 1987) 2} scc¹⁶⁵

¶175

¶176

building of the societ5r of which the Constitution makers envisaged Attending to public health is of high priority.

¶177

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) shali be allowed. A careful reading of the above provisions, would indicate that the Hotels and Restaurants where normally food ts supplied, are prohibited from smoking of any tobacco product, unless a separate area is made to allow smoking. Therefore, the contcntion of the petitioners that the licence obtained by them to run the

¶178

¶179

Hotels / Restaurants also allows^{them to have smoking of hookah and} run hookah centres is not tenabie

¶180

The petitioners having obtained^{licenceto runhotels/} restaurants 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 bythe} 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 licenceobtained for running} Restaurants which have the^{seatingcapacit5rof thirtypersons or} more does not confer any^{right to the petitioners to convert the same} as a place of smoking area^{or to run hooka-hcentre.}

¶181

Admittedly, in the^present cases^{on hand, the petitionershave} obtained licences to run Hotels/^{Restaurants/Bars and without} specifying any area as smoking^{zone as per the provisions of COTP} Act and Rules made thereunder,^{as such they are not havingright to} contend that they are entitled to run^{the hotels/restaurantsas} Hookah cen trcs.

¶182

The Hon'ble Supreme Court in^{NarinderS.Chqdhav'} Municipat Corporation of^{GredterMumbqi (supra),while dealing}

¶183

¶184

with the Condition 35(C) of the Circular issued by the Bombay Municipal Corporation, observed as follows:

¶185

"14. It will be seen that Conditton 35(C) of the impugned circular essentiallA reproduces Rule 4(3) of the said Rules and then adds the words "or anA apparadts d.esigned to facititale smoking". The effect of the added u.tords is that a Hookah cannot be prouid.ed bg the hotel, restaurant or airport being an apparafi$ designed lo facilitate smoking. "

¶186

We find it dilficlllt to accept this con ention because, { careftllg reqd, Rule 3 deals Luith the prohibition of smokirlg in pubhc places, which is rekrable to Sectbn 4 (main part) tahereas futle 4 is rekrable to the prouiso to Section 4. Rule 3 unuld onlg apptg uhere there is^a total prohibition of smoking in all publtc places as is clear from Rule 3(1)(a) which makes it incumbent on the ouner, proprietor, etc. of^a public place to ensure that no person smokes in that ploce. It ls in that context that ashtrags, matcl'Les, lighters and other things^designedto factlitate^{smoking are not to be prouided in publicplaces tuhere} smoking s prohibited altogether. "

¶187

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, amusement centres, restaurants, public offrces, 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^{placeof amusement"means} every place or house or tent or enclosure or^{boothor any other}

¶188

¶189

building whether permarent or temporary^{wheresinging, musrc,} dancing or any diversion or game and^{anything gMngamusement or} the means of carrying on the same is^{providedand to whichthe} public are admitted either on payment of money or^{with 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, rymnasium or any other^{place allottedfor such} purposes. As per Section 3(h) of the City Police Act, "public^{place of} entertainment" means any enclosed or^{open place to whichthe} public have access and where any kind of articles^{of foodand drink} are supplied for consumption by any^{personor for the profit of any} person owning or having any interest in or managing^{such place and} shall include a refreshment room, tea house,^{liquorhouse, boarding} house, lodging house, hotel, tavern or sendhi,^{wine, ganja, toddy,} bhung or opium shops. As per Section 3fi) of the^{City Police Act,} "public place" also includes the place within the^premises or enclosure of any public building or monuments^and all^{places to} which the public havc access for drawing^{water, washing or bathing} or for the purpose of recreation.

¶190

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

¶191

¶192

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 and 24 of the City Police Act, the police olfrcer may arrest any person without warrant. As per Section 84 of the City Police Act, police is having power to specify conditions etc., for obtaining licences and permits. Since the City Police Act, confers power over the amusement Centres/restaurants, which are defrned 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. 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 petitioners and seize the hookah centres if there is any violation of the provisions of the COTP ActTherefore, to establish hookah centres, permission from the concerned authority has to be obtained under the^provisions of City Police Act. 1'he petitioners shall follow rules and regulations^issued by the Commissioner of Police from time to time for^{preservation of} the public order.

¶193

¶194

In view of the above^{discussion,this Court is of the opinion} that imposing of certain conditions^{to run the HookahCentreswould} meet the ends ofjustice.

¶195

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

¶196

ii) Since the Hyderabad^{CityPolice Act, 1348 Fasli confers power} over the amusement Centres /^{res taurants whichare definedas} "public place" under^{the COTP Act ald as per Rule 4 of the} Prohibition of Smoking in Public^{Places Ruies, 2008} permission is required specifying smoking^{area. Therefore, to} establish hookah centres, the^{petitioners shallobtain} necessary permission from the^{concernedauthority under the} provisions of the City Police Act.

¶197

iii) The Hookah Centres^{are prohibited fromservingany tobacco} product to the persons below the^age of^{eighteen years.} Pictorial health warning labels^{at the entrancemust be} displayed.

¶198

iv) The respondents-^pol icc^{are at liberty to superviseand inspect} the Hookah Centres, lor any^{violationof rulesand regulations,} guidelines or circulars issued under the^{provisionsof the} Hyderabad City Police Act, 1348^Fasli.

¶199

v) If there is any violation ol the^{provisions of the COTPAct and} the Rules made thereunder, the respondents-police^{are at}

¶200

¶201

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

¶202

Subject to futfiIling^{the aboveconditions and also the} provisions of COTP Act, the respondents-police^{are directednot to} interfere with the business^{activity of the petitionersfor running} Hookah Centres. lf the^{potice are found to act in a highhanded} manner, the owners^{of the Hookah Centres are at libert5rto bring the} same to the notice of^{the Director Generalof Police/Commissionerof} Police, as directed^{by this Court in WritPetitionNo.32O2of 2Ol4 and} batch, in which event^{the said authority shall forthwithtake} necessary steps in that^regard.

¶203

Accordingty, all^{these Writ Petitions are disposedof'}

¶204

Miscellaneorts Petitions,^{if any, pendingin these writ petitions} shall stand closcd.^{No ordcras to costs}

¶205

C.V. BHASNAR RTDDY,^J

¶206

Date: 1 5. 11.2023 SCS

N. Sunil v. Prl. Secy., Home Dept. and 2 Ors.

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N. Sunil v. Prl. Secy., Home Dept. and 2 Ors.

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