Disposed

Syed Hassan Ali v. The State of Telangana

Telangana HC11 Jan 2024WP/980/2024

Case brief

AI extract

What is this about?

Batch of writ petitions by restaurant owners seeking protection against police interference with hookah service. The court held licences to run restaurants do not permit hookah centres, imposed statutory conditions including municipal charcoal licence and police permission, and directed police not to interfere if conditions are met.

What did the court decide?

Writ petitions disposed of imposing conditions for running hookah centres; police directed not to interfere if petitioners comply with the conditions and COTP Act provisions; no costs.

Syed Hassan Ali Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[^32e6 J

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

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THURSDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION NO: 980 OF 2024

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Between:

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Syed Hassan Ali, Sio.Syed lfteqar Ali, aged about 24 yea$, Occ- Business, Rl/o.H.No.18-7-1981N29O. Murad Mahal, Talabkatta, Hyderabad, Iiadr,r,o*.*

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AND

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't. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad

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The Commissioner of Police,, Cyberabad Police Commissionerate, Gachibowli, Ranga Reddy District.

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The Asst.Commissioner of Police, Rajendranagar Division, Cyberabad, R.R.District.

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The Station House Officer, P.S. Attapur, R-R.District.

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...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstAnces stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of the responder( No.3^not granting the permission to me for running the Restaurant and Hookah Parlour run by me under the name and style of Flames Chinese Restaurant and Hookah Parlour in Premises No.4-7-1531311A/4, situated at P.R.^{Nagar, Nayapul, Attapur,} Rajendra Nagar Circle No.1¹ , Hyderabad-S0O 048,^{T.S. as arbitrary, illegaland} violation of principles of natural Justice under^{Article-14, '16 and 21 of the} Constitution of lndia and consequently^{direct the respondentNo.3 to grant the} permission for ruqning the Restaurant and Hookah Parlour and the respondent No.4 not to interfere into the business activities^{of the petitioner}

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lA NO:^'f OF 2024

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Petition under Section 151 CPC^praying that in the^{circumstancesstated} in the affidavit filed in support of the^{petition, the HighCourt may be pleased} pleased to direct the respondent No-3 to^grant the^{permissionfor running the} Restaurant and Hookah Parlour in Premises^{No.4-7-1531311A14,situated at P.R.}

lal^tr '!r-

.,.,..g IANUAKT

Nagar, Nayapul, Attapur,^{RajendraNagarCircle No.1'1} ,^{Hyderabad-500 048, T.S} under the name^{and style of Flames Chinese Restaurant and Hookah Parlour}

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lA NO: 2 OF 2024

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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 respondent No.4 not to interfere into the business activities of the petitioner under the name and style of Flames Chinese Restaurant and Hookah Parlour in Premises No.4-7- 1531311A14, situated at^{P.R. Nagar, Nayapul,} Attapur, Rajendra Nagar Circle No.11, Hyderabad-500 048, T.S.

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Counsel for the Petitioner: SRI MOHD MANZOOR^NAYEEM

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Counsel for Respondents: AGP FOR HOME

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The made the following: ORDER

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HON'BLE SRI JUSTICE^{C.V.BHASKAR REDDY} WRIT PETITION^{No.9aO of 2024}

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ORDER:

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When the matter^{is taken up lor hearing, learned counsel} for the petilioner^{submittedthat the issue raised in this writ} petition is squarely covered^{by the common order passed by this} Court in W.P.No.8223^{of 2O13and batch,dated15' 11'2023 and} therefore, the^{present writ petition maybe disposed of in terms} of the said order.^{Learned Assistant Government Pleaderfor} Home appearing^{for the respondentshas not disputedthe said} fact.

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In view of the^{above submissions, this Writ Petitionis} disposed of in^{terms of the commonorder, dated 15'11'2O23} passed by this Court^{in W.P.No'8223of 2O13 and batch'No} costs.

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J As a sequel,^{miscellaneouspetitionspending,if any' shall}

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stand closed.

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SD/-B. SARASWATHI ASSISTANT^REGIS

//TRUE COPY//

SECTION OFFrcER

To,

1 The Commissioner^{of Police,, Cyberabad PdiceCommissionerate'} Gachibowli,^{Ranga Reddy District'}

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1. The Assistant^{commissione?-oi'FLri"", Raiendranagar Division,cyberabad,} R.R.District.

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1. i# 5i;ii;;^{Houseofficer,P'S Attapur'R R District} ;. d;LEi; stl-rrl6to^{uanlooiNave6m Advocate[oPUCl} s Two ccs to^{Gp ro. n"r6]iliejnt6i,,r i"iit. state.ofTelang_an-aI-O-tlTl} " t"'iJ"i"-iiii ;;p"'/ ;iil;i'i"t'ol3'r t '2023^{in w'P'No} '8223^{or 2013 and} batch)

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b. Two CD CoPies MBC GJP ctLL

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HIGH COURT

DATED: 1110112024

ORDER

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DISPOSING OF^{THE VI/RIT PETITION}

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WITHOUT COSTS

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ooliW

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION Nos.8223/2O 13 , 3427 I 20 tS, +s7 42 I 2022, 4650512022. tS2. 1127.1809. 193s . 2729, 273s, 2954, 3124, 3758. 3784. 4tSO. 4297,4304. 4330, 4562, 4680, 5084, 5097, 5L47 5149 6510 6523 7189 7297 7445 75o4 7949 7963

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1. 1. 1. A49a. 8509, 8564, 9558, LOt22, to2 1 1o425 10775 loE14 1100E tL2t3 11463 12360 124a2 14129 14134 L5706 16L72 16839 t7917 18351 taa29 r9005 19()51 r9742 222Aa 22292 22305 23738 2r3892, 696j 2EO41, 25836. 26lZ2, Z72Qp-277 5I aod, 3o952 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 alfidavit 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 filed under. Article 226 of the Constitution of India, seeking the following relief:

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"to pass an order, direction or a Writ particularl! in the nature of Writ of Mand.amus directing the respondens herein to allow the^petitioner h.erein to serue hookah in his establi.shment freelg as Long as he folbuts the "Cigarettes and. Other Tobacco Products (Prohibition of Aduertisement and Regulation of Tra.de Commerce SuppLA and Distrtbution) Act, 2OO3 and rules and that the petitioner be alloued to serue hookoh in open areas and smoking zones and ta i-ssue necessary direction-s to the effect that no coerctue action of anA nature ought to be tnitiated^qgainst the petitioner or hi-s establ*hment namely "Resign Skg Bar" Lcrated in Madhapur."

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The case of the^{petitioner is that he is runningthe restaurant} under the name^{and style'ResignSky Bar' since many yearsand} also obtained^{trade license from the Greater Hyderabad Municipal} Corporation,^{Hyderabad.It isfurthercase of the petitioner that} owners of certain^{restaurants had hled Writ Petition No'3202 of 2Ol4} and batch on^{the file of this Court, wherein this Courtvide common} order dated^{27 .Ol .2017} ,^{allowed the petitionersthereinto serve} Hookah as long^{as they follow rules and regulationsand also the} conditions^{stipulated thereinlike havingCCTV camerasandnot} serving to minors^{etc.,. It is furthercaseof the petitioner thateven} though the^{restaurantowners are following the rules and regulations} as prescribed^{under the Cigarettes and Other TobaccoProducts} (Prohibition of Advertisement^{and Regulation of TradeCommerce} Supply and^{Distribution) Act, 2O03 (for short "COTPAct' 2003")' the} task force^{policeunderthe controlof respondentNo 2 are visitingthe} business^{placeand foisting false cases with a malafideintentionto} force the owners^{of the business establishmentsto shut downthe} hookah sales^{and usage. It is further case of the petitionerthat the} owners of the^{restaurantsagain approachedthis Court and filed Writ} Petition W.P.Nos.22O6^{O and 23213 of 2Ol7 and this Court vide} common order^{dated 02.O8.2O17disposedof the said Writ Petitions} and ordered that^{the restaurant owners are free to runtheir}

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restaurants as per rules and regulations and that if police takes any steps, the petitioners therein were given liberty to approach the Director General of^police/ Commissioner of police and lodge complaint regarding illegal interference of officers. It is further case of the petitioner that even though restaurant owners are running hookah Centres strictly inconformit5z with the directions issued by this Court, the respondents-police are raiding the hookah Centres and registering false cases under Sections lag,27O,272 and 32g IPC. It is further case of petitioner that cases under aforesaid Sections cannot be frled against the restaurant owners if they serve hookah to their customers and that there is no general ban on selling tobacco and tobacco products. It is further case of the petitioners that owners of the restaurants filed Criminal petitions vide Crl.P.No.5619 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 lgg, 269, 27O, 272, 273, 328, 336 & 42O read with 34, t4g,5ll of IpC; Sections 3(m), 2o(2), 2t(rl, 2t(2), 22,2(31 and 7(5) of the CoTp Act, 2003 and Sections 58 and 59(i) of the Food Safety and Standards Act, 2006 (for short 'FSS ActJ. This Court vide comrnon order dated 10.06.2022, allowed the said Criminal Petitions, quashing the proceedings in the respective Crimes/Calendar Cases/Sessions

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r l ;^.-J'y

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Cases in^{terms of the commonorder' dated O5'O7 '2021 passedin} Mohd.JameelAhmedus.StateofTelangonat.Itisfurthercaseof the petitioners^{that since there is no prohibitionunder COTPAct'} 2oo3 to^{servehookah, interference by the respondents-police} amounts^{to violation of the rightsguaranteedunder Article19(1)(dof} theConstitutionoflndiaandalsotheprovisionsofCoTPAct,2o03.

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A^{consolidatedcounter afhdavithas been frled by the} respondent^{Nos.l to 5 in W'P'No'4 650512022'wherein inter alia it is} stated that^{the petitionersare seeking to give a direction to permit} running^{of "Hookah Parlour"and servingof Hookah in Restaurants} beyond^{the areas designatedby the statute' It is furtherstated that} the details^{of thoseHookah Centres/HookahParlours/Hookah Bars} are conspicuously^{missing' The petitionerswithout mentioning that} they are^{complyingwith various statutory provisionsof COTPAct'} 2OO3, have^{simply averredthat they are serving hookah in their} premises. It is^{furtherstated that no statute or regulation refers to} bars. In the^counter Hookah Centres/^{Hookah Parlours/ Hookah} alfidavit, the^{respondentshave referred} various constitutional provisions^{relatingto 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 Governmentto direct its policy towards}

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'^{2022 cttLl 642}

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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 Orgarization Framework Convention on Tobacco Controt (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 fuater pipes' and they are used to smoke specially made tobacco that is available in a variety of flavors, such as apple, mint, cherry, 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 t5rpical one hour long hookah smoking session involves inhaling 10O-

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2O0 times the volume of smoke^{inhaled from a singlecigarette'} Hookah smokers are at^{risk for the same kinds of diseasesthatare} caused by cigarette smoking,^{includingoral cancer, lung cancer,} stomach cancer, cancer of the^{esophagus, reducedlung function,} and decreased fertility. Hookah^{smoking is NOT a safe alternativeto} smoking cigarettes. The charcoal^{used to heat tobacco in the hookah} increases the health risks.^{Even after it has passed throughwater,} the smoke produced by a hookah^{containshigh level oftoxic} compounds, including carbon^{monoxide, heavy metals,ald cancer} causing chemicals and thus^{prayed to dismissthe writ petitions.}

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Heard both sides and perused the^record

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The learned counsel for the^{petitioner submittedthat the} respondents-police are frequently^{interfering with the petitioner's} business activity of serving hookah in^{the designatedsmokingarea} in the restaurant and preventing the^{petitioner from doing trade' It is} further submitted that the action of the^{respondents in asking the} petitioner to stop offering hookah in the absence^{of any materialto} show that the business is in violation^{of the guidelines prescribedby} the Apex Court in Narinder S. Chadha u. Municipal^Corporation ol Gredte" Mumbai2 and the COTP Act, 2003,^{amounts to}

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'z^{1zoray ts scc rt9}

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infringement of fundamental rights and the^same is^illegaland improper. Learned counsel submits that continuous^{interference of} the respondents is causing irreparable damage and^harassmentto 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^{resortto 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^{submittedthat the petitioner} is holding all the required licenses^{such as GST, Sales Tax, Food,} Trade, Labour etc., and also^{paid advancetax. It is furthersubmitted} that the respondents a-re not^{having powerto interferewith the} petitioner's business activity as long as he^{follows the guidelines} issued by the Hon'ble Supreme Court^{in NarinderS Chadha'scase} (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^{SpecialGovernmentPleader for} Home appearing for^{the respondents opposedthe writ petitionand} relied upon the^{provisions of Sections 4, 5, 6, 7, 8' 9, 10, 11, 13, 15,} 17 and, 18 of COTP Act,^{2OO3.He arguedthatCOTPAct,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 publicplaces; Imposing nationwidepublic} smoking ban^{and specifiedparticular places as non-smokingzones;} Ban on tobacco^{advertising and sponsorship; Ban on sale to minors} andinanareawithinradiusoflo0yardsofanyeducational institution; Displaying^{of pictorial health-warning labels; That the} specilied health^{warningsmustoccupyat least 4OYoof the principal} display zrrea^{on the front palel of the pockets' and shall be rotated} every 12 months;^{that the law also prohibitedmore than two} languages from^{being used on the pack to ensure that specified} warning is legible^{and prominentlt is furthersubmitted that with} effect from 2"d^{October, 2O12,thLe Government began screening two} anti-tobacco^{advertisementsinmovie} .^{theatres andtelevision'} Nicotine and^{Tar contentsof all tobacco products must be clearly} displayed on^{the packs.Producers of tobacco productsmust ensure} that these harmful^{contents are within the maximumpermissible} limits as^{prescribed by the rules' The learned Special Government} Pleader further^{submitted that Rule 4 of the Prohibitionof Smoking} in Public Places^{Rules, 2O08 (for short'Rules,2OO8")mandates that} the owner,^{proprietor, manager, supervisor or in-charge of the affairs}

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of a hotel having thirty 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 rule 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 + gl(al, 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 an5rthing that aids smoking. It is further submitted that Rule 3 (f)(c) specifrcally 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 smokingroom attached to} it. It^{is further submitted that what cannot be permitted in the public} area^{of a restaurant cannot be stretched to meanthat it can be} provided^{in the smoking area' It is furthersubmittedthat the Trade} licences^{obtained by the petitionersfrom the Greater Hyderabad} Municipal^{Corporation'does not disclosethat they have been issued} after^{a declaration that they are running "Hookah Centres" The} learned^{Special Government Pleaderrelied upon Section 521 of} GHMC^{Act, whichspecifrcally states that no person shall without} licence^{keep,in or upon any premises' for sale or for other than} domestic^{use' any article specified in Part III of ScheduleP' lt is} further^{submitted that Charcoal'which is used to facilitate the} smokrng^{of the Hookah is an Article mentionedin Part III of Schedule} P.^{The use of charcoalfor the purposeof Hookah smokingis very} dangerous^{and canposea risk of fire accidentsapart from creating a} nuisance^{to the personswho mayvisit the Restaurant or Hotel'It is} further^{submittedthat the licences of the petitionersdo not disclose} that^{they have filed declaration that they intendedto use Trade} Licencei^{to permit Hookah smoking' Thereis no occasion for the} Municipal^{authoritiesto considerthis aspect The learned Special} Government^{Pleaderfurthersubmittedthat 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 specifically^{adverted and this Court} has not taken into consideration that^{Hookah is also a Tobacco} product and the provisions of COTP Act,^{2OO3 apply. It is further} submitted that prayer sought in^{thesewrit 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 powerto} inspect any public^{placefor the offences committedunder the said} Act, i.e, exposing of body in^{indecentmanner, possession of} suspected articles, indecent^{acts in streets etc.,committingnuisance} in or near public piace. It is^{further submitted that sincethe} observations made in the^{earlier batch of cases does not specifrcally} restrain or declare the^{powers exercised by the police offrcers as} illegal, the police oflicers^{are entitled to superviseand inspect,seize} and seal the petitioners establishments^{if any violationis being found} under Section l2 of^{COTP Act' Since the orders passed in the earlier} writ petitions, does not^{give blanketprotection or recogrrizes the} independent existence of^{'HookahCentres", the judgmentsrelied} upon by the'petitioners^{are not helpful to the case of the petitioners} and therefore, the^{learned Special Government Pleaderprayed for} dismissal of the^writ Petitions.

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It is apt and appropriate to extract some of the relevant

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provisions of COTP Act, 2OO3, which are as follows:

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(3. Detinitions.-ln this Act, unless the context otherwisc requires,-

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(a) "aduerti-sem.ent" includes ang uisible representation bg wag of notice, circular, label, wrqpper or other document^qnd also includes ang onnouncefltent made orallg or bg anV mean.s of^producing or transmitting light sound, smoke or gas;

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(b ) " cig arefte " includes,-

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(i) ang rotl of tobacco urapped in paper or in ang otlrcr substqnce not containing tobacco,

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(ii) anV roll of tobocco wrapped in anV substance contoining tobocco, which, bg reason of its appearance, the tgpe of tobacco used in the Jilter, or its packaging and labelling i,s ttkelg to be offered to, or^purchased bg, consumers as cigarette, but does not include beedi, cheroot and cigar;

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(d) "export", uith its grommatical variations and cognate expressLons, means takirg out of India to a pk ce outside India;

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(e) "foretgn lnnguage" rteans a language which is neither an Indicut" language nor the English languoge;

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A^{"hport", utith its grammo.tical u@iations@nd cognateexpressions,} means bringing i'i.to India from a pLace outside India;

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(g) "Indian language" meo,ns a language spegiJied in the Erghth Sched.ule to the Consd[tion, and. includes ang diolect of such language;

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(h) "labet" means onA written, marked, stamped, printed or graphic matteL afftxed to, or appeanng upon, ang package;

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(i) "package" incfudes a urapper, box, carton, ttr' or other container;

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(j) "prescribed" means prescibed by rules made und.er this Act;

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(k) "production" , wit]l its grammatical uariatiotl.s^qnd cognqte expressions, inLludes the making of cigarettes, cigars, cheroots, beed.is, cigorette tobacco, pipe tobocco, hookqh tobacco, chewing tobacco, pan masaLa or any chewing mateial hauing tobacco as one of its ingred.ients (bg whateuer name called) or snulf and shttll include-

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(i) packing, labelling or re-ktbelling, of antainers;

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(ii) re packing from^{bulk packages to retatl packages;and}

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(iii) the adoption of^(tng other^{method to renderthe tobqccoproduct} marketabLe;

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P^{"pubtic place" means ang placeto which the pu.blic hqueaccess,} 'whithe, ai of right or not, and includes auditoium, hosptbl buildtngs' raituay ttattlng room,^{qmusement centres,restourants, publb offrces'} court buildings, ed ucotianal^{ins titutio ns, Libraies' publicconue gances} and the like ihi.h or.^{uisited bg generat publir but does not include anA} open space;

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(m) "sale", tutth tts grammatical^{uarintionsandcognateexpressions,} '^Lont ony transfer of proPertA in goods bg one person to another, uhether 1i, casi o, on cridit,^{or bu uav of exchange,and uhether} wholesalL or^retail, and^{includes an agreement} Jor^{sale, and offer for} salc and exposure for^sale;

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(n) "smoking", means^{smokingof tobaccoin ang} form^{uhether in the fofln} 'oj cigaret\ cigar, beedb or otheruise uith the aid oJ a pipe' urapper or anA other tn sttume^nts;

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(o) "specified unrntng" means^{suchwamings against the useoJ} cigarefies or other^tobacco

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products to be pinted, painted or^{inscibed on packages of cigarettesor} other tobacco^{products in}

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such form^{qndmanner os mag be prescibed by tules made underthi's} Act;

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(p) "tobaca products" means^{theproductsspeciftedin the Schedule'}

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Prohlbition o!^{smo/r:lngin apublic place'-Noperson shallsmoke} tn ang public^place:

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Prouided. tho.t tn^{q hotel hauingthirtA roomsor a restuuranthouitrg} secjti,:tg capacttV^{of thirtA personsor moreqndin the atrports, a separate} prouision for smoking area^{or space mag be made'}

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P"ohlbitio^ ol^{a'dvertise,,1r.ent olclgarettes@1d other tobacco} products.l l) No-person^{engagedin, or purported to be engagedin the} 'production, iuppfg o, di.stribution of cigqrettes or ang other tobacco |rodrrc*^{'incrtt' aiu.rt*.and no personhauingcontol ouera medium} 'shofl ccruse to be aduettised clgarettes or anu other tobacco Products through th6.t medtum^{and no perion shall take part in anAaduertisement} uhici directlA^{or indirectlg siggestsor promotes the use or conswmption} of cigarettes or^{qnA othertobacco} Products'

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(2) No person, for anA direct^{or indirect} Pecuniary^{benefrt,sha'u'}

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(a) displag, cquse to display, or perlnit or ctuthorise to dispLay any aduertisement of cigarettes or anA other tobacco^{product; or}

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(b) sell or cause to seLl, or permit or^quthonse to selL a Jilm or uideo tqpe contatning aduertisement of cigarettcs or ang other tobqcco^product; or

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(c) di-stribute, cause to distibute, or permit or authoise to disLibute to the publb ang leaflet, hand'bill or document which i.s or^Luhich contains an aduertisement oJ cigarettes or anA other^{tobacco product; or}

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(d) erect, exhibil ftx or retain upon ot ouer ang land, butlding, ualL hoarding, frame, post or struchfie or upon or in ang uehicle or shall displag in anA mqnner u-)hatsoeuer in ang place anA aduertisement of coarettes or^qng other tobacco product

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Prouided that thb sub-section shall not applg in rektion to-

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(a) an aduerti.sement of cigdrettes or ang other tobacco product in or on o packqge cotltaining cigarettes or ang other tobacco prod.uct;

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(b) ad.uertbement of cigarettes or^qnA other tobacco product u,thich is displaged at the entrance or inside a tuarehouse or a shop where cigarettes and ong other tabacco^products are ofJered for dtstribution or sak.

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(3) No person, shal\ under a contrqct or otherwi.se promote or agree to promote the use or consumption of-

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(q) cbarettes or arla other tobocco prod.uct; or

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(b) ang trade mark or brand nqne of cigarettes or ang other tobacco ptoduct in exchange for a sponsorship, Stft prize or schoLarshtp giuen or agreed to be giuen bg another person.

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Prohibttlon oa sale ol clgarette o" othe" tobo.cco products co a person belout the oge ol eightce geqts olr,d in particular areq,.-No person shall sell, offer for sale, or pemit so'le of, cigarette or ang other tobacco product-

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(a) tu ang person uho is und.er eighteen gears of age, and

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(b) in an area within a radius oJ one hundred. gards of ang educatianal institutian.

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Restictlons on trade^qfid, comdterce in, and prod,uction, supplg and distrlbutlon of cigatettes ond other tobacco products.-(1) No person shall, directly or indirectlg, produce, supplg or distribute cigarettes or ang other tobaca products unless euery package of cigarettes or anA other tobacco products produced, supplied or distributed bg him beo,rc thereon, or on its label such spectfted uarning including a pbtorial warnfutg as mag be prescibed.

¶132

¶133

(2) No person shc,lt carry on tradc or commerce in clgarettes or anA other tobacco products unless euery package of cigarettes or anA other tobacco prod.ucts sold, supplied or distributed bg him bears thereon, or on its label, the specLfled wamtng.

¶134

(3) No pcrson shc'll import cigarettes or anA other tobacco products for distibution or supply for a ualuabLe considenttion or for sale in India unLess euery package of cigarettes or anA other tobacco products so imported bg him bears thereon, or on its label, the speciJied warntng.

¶135

(4) The specified unrning shalt appear on not less than one of the largest panels of the package in which cigarettes or ang other tobqcco products haue been packed for distibution, sale or supplg for a ualuabLe consideration.

¶136

(5) No person shall, directlg or indirectlg, produce, supply or di-stribute cigaretles or ang other tobacco products unless euery package of ci.garettes or ang other tobacco products produced, supplted or distributed bg him indicates thereon, or on its lqbel, the nicotine and tar contents on each cigarette or a,s the case maA be on other tobacco products along with the maximum permissible timits thereof:

¶137

Prouided thctt the ntcotine and tJr contents shalt not exceed the maximum permissible quantitg thereof as mag be^prescribed bg rutes made under thi.s Act.

¶138

77, Testing laboratory lor nicotine o,nd tar contcnts.-For purposes of testing the nicotine and. tar contenE in cigarettes and ang other tobacco products the Central Gouernment shall bg notirtcqdon in the Offtcial Gazette grant recognition to such testing loboratory as that Gouernment ntag deem necessary.

¶139

Pouret ol entry and seo,"ch..-(l) Ang po\ice offrcer, not belout the rank of a sub-inspector or ang offrcer of State Food or Drug Administration or ang other olficer, holding the equiuab\t rank being not belout the ronk of Sub-Inspector of Poltce, authorise stde bg the CentraL Gouernment or bg the State Gouemment may, if he has any reason tD susryct that any prouision of thi.s Act has been, or is being, contrauened, enter and seqrch in the manner prescribed, at any reosonab\e time, ang factory,^{building,businesspremisesor angother pLace,-}

¶140

(a) uhere a.ng trade or commerce in cigarettes or anA other tobac@ prod.ucts is canried on or co@rettes ot ang other tobacco products are prduceQ, supplied or distributed; or

¶141

h)^{uhere ang oluertisementof thecigarettesor ong othertobacco} products ho,s been or is being made. ,

¶142

(2) The prouisions oJ the Code of Ciminal Procedure, 1973⁽² of 197fl, shall apply to every search and seizure made under this AcL

¶143

¶144

Pouer co seize.-(t) If ang^{poltce ofJicer,notbeLouthe ro'nkof a sub-} inspector or^qnA offtcer of State^{Foodor Drug Ad.ministration or angother} offtcer, holding the equiualent rank being^{not below the rank of Sub'} Inspector of Potice, authori.sed bg the^{CentrcttGouernment or bA the State} Oouernment, has ang reason to^beLieue that,-

¶145

(d) tn respect of anV package of cigarettes or ang^{other tobdcco} products, or

¶146

h)^{in respectof ang aduertisementof cig<arettesor @nA other tobacco} prod.ucts,

¶147

the proubions oI this Act haue been, or^{are being, contrauened,he maA} seize such packqe or aduerti.sement^{materiql in the manner prescribed}

¶148

(2) No package of cigarettes or^qnV other tobaca^{products or} aduertisement material seized^{under clause(a) of sub-sectbn(1) shallbe} retained bg the offlcer Luho seized the^{package or aduertisement materiaL} for^{a period exceeding nin.ety dags} from^{the d.ate of the seizureun(ess} the approual of the Distrtct Judge, within^{the locaLlimitsof whose} juri-sdiction such seizure uLas mqde, has been obtained Ior^such retention.

¶149

Confi-sco.tlolz of^{pdckdge.-AnV package} of^{c@arettesor ang other} tobaca products or any adueftisem.ent mateial^{of cigarettes or anV other} tobacco products, in respect of whtch anA Prouision^{of thi'sActho,sbeen} or is being contrauened., shall be^{liableto be confiscated:}

¶150

Prouided that, uhere it is established to the^{s@tisfaction of the court} adjudgutg tlw conftscation that the^person in uhose^{possession, pouer} or contol ang such^package of cigarettes or^{any othertobqccoproducts} is lound is not responsible for the contrauention^{of the prouisionsof thb} Act, the Court mag, instead of^making an^order for^{the confiscationof} such package, make such other order^{authorisedbA thi-s Act againstthe} person guilty of the breach of the^{prouistbnsof thi-sAct as it ma!think} fiL

¶151

Contiscc,tlon not to l^tcrtere ulth othe" Punlshntents.^No conftscatbn nade, costs ord.ered^{to be paidund.erthisActshaJl preuent} the inJtbtion oJ ang punishment to uhbh the^{person affected therebg b} ItobLe under the prouision-s of this Act^{or under ang otherlaw}

¶152

Punish,,Irent tor iaLure to gloe specitied uarning^{o.n,dnicotine} (]:nd. tc,r contcnts--(l ) AnV person who produces or manufoctures cigqrettes or tobacco products, uhich do not contain,^{either on the} package or on their label the specifted. unming and the^nicotine and^tor contents, sholt in the cose of frst^{conutcttonbe punishoblewtth} imprisonment for o tenn uhich may^extend. to tuo Aears,^{or uith} fine u.,thich may extEnd to fiue thousand^{ntPees, or uith both,and} lor^the second or subsequent cr,nubtion, with^tmprisonment for^{a term uhich} mag extend to fiue geors and Lttith ftne which lag extend^{to ten} thousand rupees.

¶153

¶154

(2) Any person uho se[s or distributes cigarettes or tobacco products tahich do not contatn either on the package or on their label, the specifted. uaming ond the nicottne and tar contents shalt in the case ol fi,rst conuiction be punishable uith imprisonment for a term, uhich ma7 extend tn one gear, or with Jine u.thlch mag extend to one thousqnd rupees, or utth both, and", for the second or subsequent conuictton, u_tith impri.sonment for a term u.thich maA extend to tu)o gears and with frne uthi.ch mag extend to three thou.sqnd rupees.

¶155

contrauenes the proubions of sectton 4 shall be puni.shable with line which mag extend to tuo hundred rupees.

¶156

(2) An offence under this section shall be compoundable and. shalt be tied summarily in accordance with the procedure prouid.ed Jor summary trials in the Code of Ciminal Proced.ure, 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.14O93 of 20ll, W.P.No.4942 of 2012, al:d. W.P.Nos.22O6O of 2017 ar,d 23213 of 2017

¶158

In Writ Petition No.3202 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 rejected, holding as under:

¶159

"16. Insqfar as the interference of the police are concerned, it is pertinent to note that the prouisions of Section 12 of the COTP Act confer pou)ers to the police not belou the rank of Sub Inqtector of fulice or ang olficer of the State Food or Drug Admini-stration or anA other offrcer, holding the equiuaLent rank being not below the rank of Sub Inspector of Potice authorized bA the Central Gouernment or bA the State Gouetnment,

¶160

¶161

maA, if he has ang reoson to suspect that ang provision of this Act hos been or is being controuened, enter anrT search in the manner prescribed at^qnA reasonable tine at factory, bui\ding, business or anA other pLace.

¶162

In the tight oJ thi-s proui-sion and Section 149 Cr.P.C., the contenton of the learned Counsel lor the petitioners that the acts of the Police amount to infringement of fundamental rights and that the police are not the competent au[oitV, but it i.s onLy the G.H.M.C that ts competent to intcrkre with the bL.smess of the petitioners, who are seruing Hookhas, does not Lt<7ue ang force. Therefore, thi.s Court is of the uieu that und.er Section 12 of the Act and Section 149 Cr.P.C., the police including the other authoities as authorized by both Central and State Goventments houe ampLe pounrs t/J inspect the business premises of the petitioners. In this regard, the leamed Counsel for the petitioners has fat\ed^{to placeong such authoitg, underuhich, the G.H.M.C bonlg} competent ta inspect the busraess of lhe petition-ers in seruitg Hookah.

¶163

1 8 . In uiew of the loregoing discussion, thi.s Coutt ts of the uiew that the action of the respond.ents-police is in accordance with Lau and ang tnterkrence bg this Court with the powers of the police in this regard bg exerci.stng the pouErs under Section 226 of the Constih.ttion of India. i-s not u)afiqnted.

¶164

Further, the Direcd)r General oJ Police, Telangana State, i-s dtrected to take^qppropiate action against the offtcers for their itoctiDn in respect of the restaurants betq used as hookah centres and aLso to take actien agaist the high-haruded acts of the offrcers, uho interfered ruith the restaurants, tuhbh are being run uithout there being ong ublations.^"

¶165

In W.P.No. 14093 of 2011, a learned Single Judge of this Court referring to the order passed in W.P.No.32O2 of 2Ol4 arrd the judgment of the Hon'ble Apex Court in Narind.er S.Chodha and

¶166

¶167

others u. Mulr.iclpo.l Corporation of Greater Mumbai (supra), held as under

¶168

'The farts in W.P.No.3202 oJ 2014 and batch qre same and similar to the facts^qsserted in the instant uit petition. Further, qs righttL potnted out bA the respondents there can't and ought not to be a blanket d.irection qgatnst the respondents Jor such d.irection uittuallg preuents the police from^{euen knouling} or tnuestigating uLhat is actuallg happenlng tn the name oJ Jlauoured hookahs. The deci_sion of Hon,bte Supreme Court is di.stingui-s,hable to the fact sidlation of this case, Ior q Circular w(.s challenged in the reported. co.se and the legqlitA of the Circular uas ansidered and decid.ed. Whereas in the case on hand the praAer qnd the cvuse of action are on alleged. interkrence bg potice r.gr.inst flauoured h@kahs seruing and no uritten order or proceeding is placed on record. to examine the legalitV of such order or proceeding. Therefore, hauing regard to the uietu taken in the common order dated 27_Ol_ 20 j7 in W.P.No.32O2 of 2014 and batch, I am sati.sfted that the mstrlnt urit petition can be di.smissed bU ad.opting the so,me rea.sons.,

¶169

In W.P.Nos.2206O of 2OtZ aad 23213 of 2017, a learned Single Judge of this Court vide order dated O2.Og.2O 17, observed as follows:

¶170

" 17) The tu.n jud.gments refened. to aboue d.ealt u.)ith siht..tion uhere the interference of the police in the business of the petitioners in seruing Jlauoured hookah was in challenge. Situation on hand now is totallg different and still uerse in uiew of the notifiu.tion dated 23.O5.2O 17 which prohibited seruice in smoking area or sryce provided lor smoking. Admittedlg, hookah i.s a product Luhbh cont,,ins tabclcco and u.then ang product contabs tobacco, the same has fa be puffed in a non_smoking zone. ln uiew of the circular issued by the Gouemment, seruice oJ hookoh euen in the no-smoking zone unuld. be impermissible.

¶171

¶172

il lr ll I

¶173

It is Lo be^{noted here thclt the aboue said prouisionuill applgLf} 18) the hotel/^{restaurqnthos 3O rooms and the coffee shop hc.s seating} capacitg^{of 30 persons or more' whichdoes not meon thot hookqh canbe} freetg^{suppliedin a restaurqntwhereseatingcapacttgLs less than3O or} a hotel^{where there are less nwnber of room's'}

¶174

As^{per Section 4 of the Act' ifthe restaurant has seating} capacity of^{30 persons or more' a separate provision for smoking} area has^{to Lre provided'The word Hookah has not been defined in} the COTP^{Act.Section 3 (k) of the COTP Act defrnes "production"' A} reading^{of the said provision wouldshow that the word "production"} includes^{makingof cigarettes'cigars'cheroots'beedis' cigarette} tobacco,^{pipe tobacco, hookah tobacco' chewing tobacco'par masala} or any^{chewingmaterial having tobacco as one of its ingredients(by} whatevernamecalled)orsnuff.Therefore,itimpliesthatallthe tobacco^{productswhichare taken with the aid of pipe, wrapperor} any other^{instruments would fall within the definitionof Section3(n)} of the COTP^{Act. If the restaurant or coffee shop falling within the} ambit of^{Section 4 of the COTP Act' has to providea separate} smoking^{zone. The Governmentof India has issued a notiflcation in} the month^{of May,2O17, which clearlyindicate that no service shall} be allowed^{in a smokingarea or in the spaceprovidedfor smoking'} Therefore,^{the restaurantownersshall not,involve themselves in the} act of service^{to their customers,in the prohibitedarea'section 12 of} the Act^{confers powers to the police oflicernot below the rank of}

¶175

¶176

Sub-lnspector of Police or any oflicer of authorized by the Central Government or State Government 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.

¶177

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 of the COTP Act and Rules made thereunder.

¶178

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

¶179

"47. Dutg of the st,.tz to rdise the leuel of nutritlon and the stondc,rd ol ltving and to lrnp"oue pub(c health.- The State shqlL regard the raising of the level of nutrition arrd the standard oJ^liuing of^its people and the improuement of pubtic health as among i* pimory duties and, in particular, the SaJ.te shall endeauour b bring about Prohibition of the consumption except for medicinal^purposes oJ intoxbating drinks^and. of drugs tuhich are injurious to health.

¶180

¶181

¶182

Sub-Inspector of police or any officer of authorized by the Central Government or State Government 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 ofthe Act clearly says, that the provisions of the Cr.p.C. have to be followed.

¶183

Having regard to the above, and taking into consideration, conststent 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 of the COTp Act and Rules made thereunder.

¶184

It is useful to refer and extract Article 4|of the Constitution of India, which reads as follows:

¶185

"47. Ducg ol the sit,.te to rq.i.se the level oJ nucritton (rnd. the standqtd of rtving and. co improue publtc hearth.- The state shau regard the rai_sing of the leuel of nutrition and the staMard. of living of its people and the improuement of public health as among its primary d.uti.es and, in particular, the Stotc shall endan,,^,,, t^ ,r;^- ^L^..1 - thecon-sumptionexceptfor-.;:,T;:;:r:::;:;:,::;t#:::: of drugs uthich are injurious to health.

¶186

:"^r-l

¶187

¶188

This Constitutional^{Provision specificallydealswith} improvement of^{public health a primary duty of the StateThe} Court should enforce^{this duty against a defaultinglocal authority'} Any article^which is^{hazardousor injuriousto public health is a} potential danger to the^{fundamental right to life guaranteed to the} citizens under Article 2l^{read- with Article47 and a pararnountduty} is cast on the states^{and its authoritiesto achieve an appropriate} Ievel of protection to^{humanlife and hea-lth' Further, restrictions} imposed by law for^{supply and serving of tobacco products including} serving hookah^{cannot be said to be violative of Article tg(t)(g).} Having regard to^{the principtes containedin Article 47 of the} constitution, the^{state or its authoritiesare havingright to regulate} the sale of tobacco^{productwhichincludes runningof hookah} centres. While^{granting licenseto 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 containedin the rules' did} not contain any^{provision for relaxing any condition'ht Vincent} Panikurlangara a.^{(fnion of Ind'ias the Hon'lole Supreme Court} observed that "maintenance^{and improvement of public health have} to rank high as these^{are indispensableto the veryphysicalexistence} of the community^{and on the bettermentof these depends' the}

¶189

r AIR 1987 sc 990: (1987) 2 scc 165

¶190

¶191

building of the society of which the Constitution makers envisaged. Attending to pubtic health is of high priorit5r.

¶192

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 pubric places like Hoters, Restaurants and Airports. Rule 4(3) of the Rules, 2O0g, a srrioking area or space shall be used only for the purpose of smoking and no other service(s) shall be allowed. A careful reading of the above provisions, would indicate that the Hotels and Restaurants where normally food is supplied, are 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

¶193

¶194

Hotels /^{Restaurantsalsoallowsthem to have smoking of hookah and} run hookah^{centres is not tenable'}

¶195

The^{petitioners having obtained licence to runhotels/} restaurants^{have to complythe conditions imposed by the Municipal} Corporation,^{whereas Section4 of the COTP Act' prohibitssmoking} imposed^{bY the} Therefore,^{the conditions} in a Public Place' to run^Hotels/ for granting^{trade licence} MuniciPal^CorPoration Restaurants^{are varying from the conditions that are incorporated} under^{the provisions of COTP Act' The licence obtained for running} Restaurants^{whichhave the seating capacityof thirty personsor} more does^{not confer any rightto the petitioners to convertthe same} as a^{place of smokingarea or to run hookah centre'}

¶196

Admittedly,^{in the presentcaseson hand, the Petitionershave} Hotels /^{Restaurants/Bars and without} obtained^{Iicences torun} specifying^{any areaas smoking zone as per the provisions of COTP} Act and^{Rules madethereunder'as such theyare not havingright to} contend^{that they are entitled to run the hotels/restaurantsas} Hookah^centres'

¶197

Narinder^{S. Chadho u} 21.^{The Hon'ble SuPreme Court in} Municipat^{corPor@tio,l of Greoter Munbai {supra), while dealing}

¶198

.'.!!!--::=.--:1j:-

¶199

¶200

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

¶201

'14. It tuitl be seen that Condition 3S(C) of the impugned circuktr essentialLg reproduces Rulr- 4(3) oJ the said Rules ctnd then cLdds the tuords "or anA apparatus designed to facilltate smoking". The effect of the added unrds is that a Hookah cannot be prouided bg the hotel, restaurant or airytort being an apparqhts designed b facilitate smoktng. "

¶202

We find it diffiatlt to accept this contention because, if corelultg read., Rule 3 deal-s wtth the prohibition of smoking in public places, which is referable to Section 4 (main part) whereas Rule 4 is rekrable to the proui.so to Sectton 4. Rule 3 would onlg applg tuhere there ts a total prohibition of smoking in all publir places a.s is clear Jrom Rule 3(1)(a) uhich makes it incumbent on the ou)ner, proprietor, etc. of a public place to ensure that no person smokes in that place. It is in that context that ashtrags, matches, lighters and other things des4ned to Jacilitate^smoking are not to be prouided in public places where smoking is prohibited altogether. "

¶203

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 oflices, court buildings, educational institutions, libraries, public conveyances and the like which are^-viiited by general public but does not include any open space. As per Section 3(g) of the Hyderabad City police Act, l34g Fasli (for short "City Police Act"), "public place of amusement,, means every place or house or tent or enclosure or booth or any other

¶204

¶205

or temporary^{wheresinging' muslc'} building^{whether Permanent} dancing^{or any diversionor game and anythinggiving amusement or} the means^{of carryingon the same is providedand to whichthe} public are^{admitted either on payment of moneyor with the intention} that money^{may be collectedfrom themon admission and shall} music and^{dancing hall'} include^{the race-course'circus' theatre'} place allotted^{for such} billiard^room, S/rnnaslum^{oranY other} purposes.^{As per Section 3(h) of the CityPoliceAct' "public place of} entertainment'^{means anY enclosedor oPen Place to whichthe} public have^{access and whereany kind of articlesof foodand drink} are supplied^{for consumption by any personor for the profit of aly} person owning^{or having any interest in or managingsuch place ald} shall include^{a refreshment room'tea house' Iiquor house' boarding} house,^{lodginghouse'hotel' tavern or sendhi' wine'ganja'toddy'} bhung^{or opium shops' As per Section 3[) of the City Police Act'} *pubtic place' also includes^{the place within the premisesor} enclosure^{of any public building or monumentsand all places to} which the^{pubdichave access for drawing water' washing or bathing} or for the PurPose^{of recreation'}

¶206

It^is Pertinent^{to statethat "PublicPlace" as defined under} Section^{3(1) of COTPAct' includes amusement centres'and the same} is defined^{in "public place of annusement" under Sections 3(g) of CitY}

¶207

¶208

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 Sectio n 32 ofthe Cig police Act, for enforcement of orders under Section s 22, 23and 24 of the City police Act, the police officer may arrest any person without warrant. As per Section g4 of the City polir power to specify conditions etc., for "O,"r"r; ,r:;::::'::#Since the City police Act, 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, 2OOg permission is required specifying smoking area. In view of the powers being conferred on the commissioner of porice, under the Cit5z police Act, the police are havin g power to supervise the business establishr nents of the petitioners and seize the hookah centres if there is any violation of the provisions of the COTp Act. Therefore, to establish hookah centres, permission from the concerned authorigz has to be obtained under the provisions of City Police Act. The petitioners shall follow rules and regulations issued by the Commissioner of police from time to time for preservation of the public order.

¶209

¶210

24.^{In view of the above discussion' this Court is of the oPlnron} that^{imposing of certain conditions to run the HookahCentreswould} meet^{the endsof justice'}

¶211

i) As^{Charcoal is being used for serving hookahin the Hookah} Centres,^{the petitioners shall obtain licencefrom the Municipal} under^{Section 521(1)(b)of Greater}

¶212

Corporation "" "p""lf"d Hya",tU^a^{Municipal CorporationAct' 1955'}

¶213

ii)^{Since the HyderabadCity Potice Act' 1348} which^{Fasli confers are defrned poweras} over^{the amusementCt"tt""7 '""t^'rants} "public^{place"under the COTP Act and as per Rule 4 of the} Prohibition^{ofSmokinginPublicPlaces Rules' 2008} permission^{is required specifying smoking area' Therefore' to} establish^{hookah centres'thepetitioners shall obtain} necessary^{permission from the concernedauthorityunderthe} Provisions^{of the CitY PoliceAct'}

¶214

iii) The^{Hookah Centres are prohibited from serving any tobacco} product^{to the personsbelow the age of eighteenyears'} Pictorial^{health-waminglabels at the entrancemust be} disPlaYed'

¶215

iv)^{The respondents-policeare at libertyto superviseand inspect} the^{Hookaha..r*J., ,o, any vioration of rures and regulations'} issued^{under the provisionsof the}

¶216

guidelines^ot """t""t" Uyderatad^{City PoliceAct' 1348Fasli'}

¶217

v1 if^{there is any violationof the provisionsof the COTP Act and} the^{Rules madethereunder' the respondents-police are at}

¶218

¶219

liberty to take appropriate action as per the provisions of the COTP Act

¶220

25' subject to fulfiling the above conditions and also the provisions of corp Act, the respondents-police are directed not to interfere with the business activity of the petitioners for running Hookah Centres. If the police are found to act in a highhanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of police/Commissioner of Police, as directed by this Court in Writ petition No.3202 of 2O14 and batch, in which event the said authorit5r shall forthwith take necessary steps in that regard.

¶221

Accordingly, all these Writ petitions are disposed of

¶222

Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed. No order as to costs.

¶223

Date:15.11.2O23 scs

¶224

C.V. BHASKAR REDDY, J

Syed Hassan Ali v. The State of Telangana

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Syed Hassan Ali v. The State of Telangana

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