WP/34965/2023 of Hipes N pipes Vs The State of Telangana on 29 December 2023

ORDER:

This Writ Petition, under Article 226 of the Constitution ofIndia, is filed see king the folloi,r,ing relicf:

"..to issuc a Writ, Order or Direction more particula-rlyone in the nature of WRIT OF MANDAMUS by declaringthe action of the Resgrondents more particularly theResporrdent Nos.3 and 4, herein banning and interferingwith the saicl Business of the Petitioner running underthc name and style "llipes N Pipes" situated at 6-66 & 6-66/9 in Survcy No.t62 and 163/6 at Pilligundla (V) ofShankcrpally Municipality, Ranga Reddy District Rep.byits o$,ner, Deorattey Lekhraj Yadav S/o DeoratteyJaiveer Yadav, aged about 33 years, Occ:Business, R/oH-No. | 2 368 373 Ftat No.5O4, Domalguda, Stre€t N-o.6,HimaJ'athnagar, Hydcrabad - in serving of flavouredHookahs, r\.ithout refcrence to rule, law or regulations,as illegal, arbitrary, u nconstit utional arrd contrary to t}leprovisions of COTP Act and consequently direct theRespondents to pcrmit the petitioner to continue hisbusincss of scrving flavoured Hookahs in his coffee shopwitho(rt anv hindrancc or rcstrictions in the interest ofjusticc'

2.

2. l,earned counsel lor the petitioner submitted thatthe issue involved in rhis Writ Petition is squarely covered by thecommon order passed by this Court in W.P.No.8223 of 2013and Batch, datcd 15. | | .2023.

3. lrarned Assistant Govcrnment Pleader for Homeappearing for respondcnt Nos- I to 5 does not dispute the same

4. [n vier,"' of the said submissions, this Writ Petition isalso disposcd o[ in tcrms o[ the said common order, dated 15.11.2023 passed in W.P-No.8223 of 20 13 an<i Batch. Thereshall be no order as to costs.shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writpetition shall stand closed.petition shall stand closed.

SD/- MOHD. SANAULLAH ANSARIASSISTANT REGISTRARsrcrh-ru#,cen //TRUE COPY//

To

1. The Principal Secretary, Home Department, Secretariat, State of Telanganaat Hyderabad.

2. The Commissioner of Police, Cyberabad, Gachibowli.

3. The Assistant Commissioner of Police, Narsingi. Hyderabad.

4. The Deputy Commissioner of Police, Madhapur, Hyderabad.

5. The Station House Officer, Mokila, Police Station, Cyberabad.6. Two CCs to GP For Home, High Court for the State of Telangana atHyderabad. [OUT]

7. One CC to Sri Habeeb Abubakar Alhamed, Advocate [OPUC]

8. Two CD Copies [11](Along with a copy of common order, dated 1 5-1 1-2023 in WP.No.B223ot 2023 to this'order)

SAGJ

*\

HIGH COURT

DATED:2911212023

ORDER

WP.No.34965 of 2A23

1HE [ST4]r{:(QJooOBIEB2024.: lla.d'.* oFs D/5TOl{sODISPOSING OF THE W.PWITHOUT COSTS

or

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

IVRIT PETITION Nos. 8223 / 20 I 3. 342 7/ 2Q | 5, 457. 42 1294,46505 1 2022. 152. t127. 1809. 193s, 2729, 2735, 2954, 3t24,3758 3744 415() 4297 4304 4330 4562 4680 so84 sog75L47. 5t49. 65LO, 6523, 7tag, 7297, 74A5, 7504. 7949, 7963.alt7, 4226, 4246, a264, a49a, 8509, 8564, 9558, TOL22,10241, 10425, 10775. 10814, r1008, 11213. 11463. 12360,12442, L4129, r4t34, L5706, L6L72, 16a39. L79t7, LA35L.LAa29 1900519051 t9742 22244 [aoroa]22305 2373423492 24696 25044 25836 26172 27223 27761 and30952 of 2023

COMMON ORDER:

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

2. As the respondents have filed consolidated counter affidavit inWrit Petition No.46505 of 2022, the said Writ Petition is taken up asa leading case.

3. W.P.No.465O5 of 2022 is hled under Article 226 of tl.:eConstitution of India, seeking the following reliel

"to pass an order, directton or a Wit particularlq tn lhe nahtre of Writ ofMandamus directing the respondents herein to ollolu tlrc [petttioner ][herein]to serue hookah in his establishmert freellj os long as he follottts tlte"Cigarettes and Other Tobaca Products (Prohibition of Aduertisementand Regtdation of Trade Commerce Suptr>Lq antl Distributio/t) Act, 2OO3and rules and that the petitioner be allowed to serue hookoh in [open]areas [qnd ]smoking zones and lo is.sue necessarg dircctiotts to the e.ffectthat no coerciue action of ang nature ought to be initiated aqqinst thepetitioner or his establishment namelg "Rc.^r'gn Skg Bar" localed inMadhapur. "

4. The casc of the petitioner is that he is running the restaurantunder the name and style 'Resign Sky Bar' since many years andalso obtained trade license from the Greater Hyderabad MunicipalCorporation. t{yderabad. It is further case of the petitioner thatowners of certain restaurants had filed Writ Petition No.32O2 of 2014and batch on the file of this Court, wherein this Court vide commonorder datcd 27.01.2017, allowed the petitioners therein to serveHookah as long as they follow rules and regulations and aiso theconditions stipulated therein like having CCTV cameras and notserving to minors etc.,. It is further case of the petitioner that eventhough the restaurant owners are following the rules and regulationsas prescribed under the Cigarettes and Other Tobacco Products(Prohibition of Advertisement and Regulation of Tracle CommerceSupply and Distribution) Act, 2O03 (for short "COTP Act, 2OO3"), thetask force police under the control of respondent No.2 are visiting thcbusiness place and foisting false cases with a malafide intention toforce the owners of the business establishments to shut down thehookah sales and usage. It is further case of the petitioner that thcowners of thc restaurants again approached this Court and filed WritPetition W.P.Nos.2206O and 23213 of 2077 and this Court videcommon order dated O2.OB.2O|T disposed of the said Writ Petitionsand ordered that the restaurant owners are free to run their restaurants as per rules and regulations and that if police takes anysteps, the petitioners therein were given liberty to approach theDirector Ceneral of Police/Commissioner of Police and lodgecomplaint regarding illegal interference of officers. It is further caseof the petitioner that even though restaurant owners are runninghookah Centres strictly inconformity with the directions issued bythis Court, the respondents-police are raiding thc hookah Centresand registering ialse cases under Sections laa, 27O,272 and 328IPC. It is further case of petitioner that cases under aforesaidSections cannot be filed against the restaurant owners if they servehookah to their customers and that there is no general ban on sellingtobacco and tobacco products. It is further case of the petitionersthat owners of the restaurants filed Criminal Petitions videCrl.P.No.5619 of 2O2O and batch on the lile of this Court seeking toquash 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, 5ll of IPC;Sections 3(m), 20(2), 2|(tl, 2t(2],, 22, 7(31 and 7(5) of the COTP Act,2O03 and Sections 58 and 59(i) of the Food Safety and StandardsAct, 2OO6 (for short 'FSS ActJ. This Court vide common order dated10.06.2022, allowed the said Criminal Petitions, quashing theproceedings in the respective Crimes/Calendar Cases/Sessions

Cases in terms of the common order, dated O5.O7.2O21 passed inMohd. Janneel Ahmed. rrs. Stat€ of Telanganal. It is ftrrther case ofthe petitioners that since there is no prohibition under COTP Act,20O3 to serwe hookah, interference by the respondents-policeamounts to violation of the rights guaranteed under Article 19(1)(g) ofthe Constitution of lndi:r and also the provisions of COTP Act, 2O03.

5. A consolidated counter affidavit has been filed by therespondent Nos.1 to 5 in W.P.No.465O512022, wherein inter aLia it rsstated that the petitioners are seeking to give a directron to permitrunning of "Hookah Parlour" and serving of Hookah in Restaurantsbeyond the arcas designated by the statute. It is iurthcr stated thatthe details of those Hookah Centres/Hookah Parlours/Hookah Barsare conspicuously missing. The petitioners without mentioning thatthey are complying with various statutory provisions of COTP Act,2003, havc simply averred that they are serving hookah in theirpremises. It is further stated that no statute or regulation refers toHookah Centres/Hookah Parlours/Hookah bars. In the counteraflidavit, the respondents have referred various constitutionalprovisions relating to health and right to life. It is stated by thercspondents that as per Article 2l of the Constitution of India, it isthe responsibility of the Government to direct its policy towards' [ltD2 ]crit [.r ]ul securing tcnder age children and give them opportunities to developin a healthy manner. It is further stated that World HealthOrgan2ation Framework Convention on Tobacco Control (WHOFCTC) and its guidelines provide the foundation for countries toimplement and manage tobacco control. The WHO has introducedMPOWtrR measures which correspond to one or more articles of theFramework Convention, to assist in reducing the demand for tobaccoproducts at country-level. It is further stated that hookahs aresmoked in a closed cabins or rooms and persons who smoke, sit forhours together and inhale much more smoke than those rvho smokecigarette for 3 to 4 minutes. It is further stated that Hookahssometimes called bater pipes'and they are used to smoke speciallymade tobacco that is available in a variety of flavors, such as apple,mint, cherry, chocolate, coconut, licorice, cappuccino, andwatermelon. It is further stated that Hookah smoking is typicallypracticed in groups, with the same mouthpiece passed from personto person. Water pipe smoking delivers the addictive drug nicotineand it is as toxic as cigarette smoke and due to the mode of smokingincluding frequency of pufling, depth of inhalation, and length of thesmoking session, hookah smokers may absorb higher concentrationof the toxins found in cigarette smoke. It is further [stated ]that [a]typical one hour long hookah smoking session involves [inhaling ][100-]

20O times the volume of smoke inhaled from a single cigarette.Hookah smokers are at risk for the same kinds ol diseases that arecaused by cigarette smoking, including oral cancer, lung cancer,stomach carlcer, cancer o[ the esophagus, reduced lung function,and decreased fertility. Hookah smoking is NOT a safe alternative tosmoking cigarettes. The charcoal used to heat tobacco in the hookahincreases the health risks. Even after it has passed through water,the smoke produced by a hookah contains high level of toiccompounds, including carbon monoxide, heary metals, and cancercausing chemicals and thus praycd to dismiss the writ petitions.

6. Heard t;oth sides and pcruseci thc record.

7. The letrrned counsel for the petitioner submitted that therespondents-police are frequently interfering with the petitioner'sbusiness activity of scrving hookah in the designated smoking areain the restaur:rnt and preventing the petitioner from doing trade. It isfurther submitted that the action of the respondents in asking thepetitioner to stop offering hookah in the absence of any material toshow that the business is in violation of the guidelines prescribed bythe Apex Cotrrt in Narind.er S. Chadha a. Municipal Corporotionof Greater Mumbai2 and thc COTP Act, 2O03, amounts to infringement of fundamental rights and the same is illegal andimproper. Learned counsel submits that continuous interference ofthe respondents is causing irreparable damage and harassment tothe petitioner and to the reputation of business. Learned counselfurther submitted that in catena of cases, this Court has clearly inunambiguous terms stated that police under the guise ofimplementing the regulation shall not resort to cause inconvenienceor any harassment to the customer/person present there or to theowner of the restaurant, when the business is lawful and legal, therecannot be any prohibition. It is further submitted that the petitioneris holding all the required iicenses such as GST, Sales Tax, Food,Trade, Labour etc., and also paid advance tax. It is further submittedthat the respondents are not having power to interfere with thepetitioner's business activity as long as he follows the guidelinesissued by the Hon'ble Supreme Court in Narinder S Chcdha's case(supra) and also the provisions of COTP Act ald the regulationsmade thereunder. Thus the learned counsel prayed this Court toallow the writ petitions as prayed for.

8. On the othcr hand, the learned Special Government Pleader forHomc appearing for the respondents opposed the writ [petition ]andrelied upon the provisions of Sections 4,5,6,7,8,9, 10, 11, 13, [15,]17 and 18 ot COTP Act, 20O3. He argued that COTP Act, 2O03 has

not only included cigarettes like Cigarettes (Regulations ofProduction, Supply and Distribution) Act, i975 but also brought a1lother forms of tobacco products (both smoking and smokeless);Prohibition of smoking in public places; Imposing nationrvide publicsmoking bal and specihed particular places as non-smoking zones;Ban on tobacco advertising and sponsorship; Ban on sale to minorsand il an arca within radius of 1OO yards of any educationalinstitution; Displaying of pictorial health-warning labels; That thespecilred health vrarnings must occupy at least 4O"l' of the principaldisplay area on the front panel of the pockets, and shall be rotatedevery 12 months; that the law also prohibited more than twolanguages from being used on the pack to ensure that specifiedwarning is legible and prominent. It is further submitted that witheffect from 2"'l October, 2012, thc Govcrnmcnt began screening twoanti-tobacco advertisements in movie theatres and television.Nicotine and Tar contents of all tobacco products must be clearlydisplayed on the packs. Producers of tobacco products must ensurethat these harmlul contents erre within the maximum permissiblelimits as prescribed by the rules. The learned Special GovernmentPleader further submitted that Rule 4 of the Prohibition of Smokingin Public Places Rules, 2O08 (for short "Rules, 2008") mandates thatthe owner, proprietor, manager, supervisor or in-charge of the affairs of a hotel having thirty or morc rooms or restaurant having seatingcapacity of thirty persons or more and the manager of the airportmay provide for a smoking area or space as defined in rule 2(e). Asper Rule 4(3), no service shall be allowed in any smoking area orspace provided for smoking. Therefore, no ash trays, lighters,matches or other things to lacilitate smoking are to be provided in apublic place as per Rule 3(c) of the Rules, 2OO8. It is furthersubmitted that as per RuIe a $l@1, smoking in public places iscompletely banned and for a person visiting a Restaurant or a Hotelsatisfying the statutory requirement, the Hotel or Restaurant maydesignate a separate area or space as per the definition of smokingarea in Rule 2(e) and such a person visiting the hotel or a Restaurantis free to smoke in the designated smoking area. The Restaurant orthe Hotel will not provide any smoking apparatus or anything thataids smoking. It is further submitted that Rule 3 (t)(c) specificallyplaces a bar on the owner, proprietor, manager, supervisor orincharge of the affairs of public place to ensure that no ashtrays,matches, lighters or other things designed to facilitate smoking areprovided in the public place, therefore the necessary corollary thatwould follow is that, there cannot be active [participation ]of thepersons incharge of managing a restaurant or a hotel to providesmoking aids. As such smoking of hookah cannot be aided [by ][the]

restaurant or a hotel merely since it has a smoking roonr attached toit. It is further submitted that what cannot be permitted in the publicarea of a restaurant cannot be stretched to mean that it can beprovided in the smoking area. It is further submitted that the Tradelicences obtained by the petitioners from the Greater HyderabadMunicipal Corporation, does not disclose that they havc been issuedafter a declaration that they arc running "Hookah Centres". Thelearned Special Government Pleader relied upon Section 521 ofGHMC Act, which specifically states that no person shall withoutIicence keep, in or upon any premises, for sale or fr;r other thandomestic use, any article specified in Part III of Scht:dule P. It isfurther submitted that Charcoal, which is used to facilitate thesmoking of the Hookah is an Article mentioned in Part Ill of ScheduleP. The use of charcoal for the purpose of Hookah smoking is verydangerous and can pose a risk of firc accidents apart from creating anuisalce to the persons who may visit the Restauranl or Hotel. It isfurther submitted that the licences of the petitioners do not disclosethat they have filed declaration that they intended to use TradeLicences to permit Hookah smoking. There is no occasion for theMunicipal authorities to consider this aspcct. Thc lcarned SpecialGovernment Pleader further submitted that even though earlierbatch of cases have been disposed of by this Court, the issues raised in these writ petitions are not specifically adverted and this Courthas not taken into consideration that Hookah is also a Tobaccoproduct and the provisions of COTP Act, 2OO3 apply. It is furthersubmitted that prayer sought in these writ petitions is in the natureof restraining the authorities from inspecting the premises whereHookah centres are being run and in fact as per the provisions ofHyderabad City Police Act, 1345 Fasli, the police has power toinspect any public place for the offences committed under the saidAct, i.e, exposing of body in indecent manner, possession ofsuspected articles, indecent acts in streets etc., committing nuisancein or near public place. It is further submitted that since theobservations made in the earlier batch of cases does not specificallyrestrain or declare the powers exercised by the police officers asillegal, the police officers are entitled to supervise and inspect, seizeand seal the petitioners establishments if any violation is being foundunder Section 12 of COTP Act. Since the orders passed in the earlierwrit petitions, does not give blanket protection or recognizes theindependent existence of "Hookah Centres", the [judgments ]reliedupon 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.

9 . It is :rpt and appropriate to cxtrzrct somc of t he relevernt provisions of COTP Act, 2003, which are as follows:

'3. DeJinitions. In this Act, unle-s-s ,he [context ]othentise [r<:quhes,]

(a) "qduertisement" includes ang uisible representation bg u)aA of ttotice,circular, lqbel, u.)rapper or other document and also inchtdes angannouncement mnde orallg or bg anlJ means of producing or trenstnittinglight, sound, smoke or [qas;]announcement mnde orallg or bg anlJ means of producing or trenstnittinglight, sound, smoke or [qas;]

( b) ["cigarette ][" ]includes,-

(i) ang roll of tobacco utrapped in paper or irt ang other sub!;tance notcontoining tobacco ,contoining tobacco ,

(ii) any roll of tobacco urrapped in any substance conteininq tobocco,u,hich, b! reqson of its appearance, the tgpe of tobacco used t the filter,or its packoging and tabetling is likelg l<.t be offered to, or purchasecl bg,collsunrers as cigarette, but d.oes not tnclude bcedi, chcroot and cigar;

(c) "distibution" includes distribution by uag of samples. Ll)hetler free orotherwtse;otherwtse; (d) ["export", ]tuith its grammatical uaiations ond cognate e-\pressrons,means teking out of India to a pLace outside [ndia:means teking out of India to a pLace outside [ndia:

(e) "foreigrt language" meqns a language phich i.s neilhu an lndianlanguage nor the English language; A ["impoft", ][ruith ][its ][grammatical ][uqiations and ][cognete ][e.rpr€ssions,]means bringing into Ind.ia from a place outside Indio;means bringing into Ind.ia from a place outside Indio; (g) ["lndian ]language" meor.s e language specified in the liightlt Scltcdrieto the Constihttion, and includes ang dialect of such languttqc.

(h) ["lab<:I" ]meqns anA u.titten, marked, starnped, prinlcrl or qraphicmatter, eff,yed to, or appeaing upon, ang package;matter, eff,yed to, or appeaing upon, ang package;

(i) "package" includes a urapper, box, carton, tin or otlter conteoler; (j) ["prescibed" ]means prescibed bq rules made under this Act (k) ''production", with its grammatical uaiations end cogtlateexpressions, includes the making of cigarettes, cigars, chcroots, beedis,cigqrett" tobacco, pipe tobacco, hookah tobacco, chcLuir.Lq tobacco, pctnmasala or any chewing material hauing tobacco as one of its uqreclients(bg whateuer name called) or snufJ and shall irtclude

(i) packing, labetling or re-labelling. of containers; (it) re packing from bulk packoges lo retail pockaqes; and

(iii) the adoptton of any other method to render the tobacco productmarketable;marketable; (t) "publtc place" means anlJ place to which the public haue access,uhether as of ight or not, and includes auditoium, hospital buildings,railwalJ uoiting room, amusement cenlres, restaurants, public ofJices,court butldings, educotional i&slilLtion.s, ltbraries, public conuegancesand the ltke uthiclt are uistted bg genert public but does not tnclude angopen space; (m) "sale", tulth its grommatical uaiottons and cognate expressiongmeans ang transfer of propertA in goods by one person to another,tuhether for cosh or on credit, or bg wag of exchanqe, and uhethermeans ang transfer of propertA in goods by one person to another,tuhether for cosh or on credit, or bg wag of exchanqe, and uhetheruholesalc or reta , and includes an agreeitcnt for sale-, and offer forsale and exposure for sale;sale and exposure for sale; (n) "smoking", means smoking of tobqcco tr ang fonn LulTether in the formof cbarette, cigar, beedis or otherluise u,{tlt the aid of a pipe, wrqpper orang other instruments;of cbarette, cigar, beedis or otherluise u,{tlt the aid of a pipe, wrqpper orang other instruments; (o) "specified uarning" means such wornings aqainst the use ofcigarettes or other tobacco products to be pinted, painted or inscibed on packages of cigarettes orother tobacco products in such form and manner as mag be prescibed bg ntles rnade under thisAct; (p) "tobacco products" meens the protlucts specified in the Schedule

4. Prohibition of srnoking in a public plo.ce. No person shall smokein any public pLace:

Prouided that in a hotel hauing thirtg rooms or a restqurant hauingseating capacity of thtrty persons or more and in the airports, a separateprouision for smoking area or space mag be made.

5. Prohibition of a,dvertisenre,rt of cigarettes [qnd ]other tobg.ccoproducts.ll ) No person engaged in, or purported to bc engaged in theproduction, supplg or distribution of cigarcttes or ong other tobaccoproducts shall acluertisc and rto person hauittg cortrol ouer a mediumshall cause to be aduerlised cigarettes or ong other tobacco [products]through that medium ancl no person shoL| Lake pai in ang aduert[sernentwhich di.rectly or indirectly suggesls or Promotes the use [or ]consumptionof cigarettes or ang other tobacco [products.]

(2) No person, for eny direct or indirect pecunierA b<\lertl, shc.ll- (a) ciisplag, cause to displag, or permit or authoise lo displau angaduertisetnent of cigarcttes or ang other tobacco product; or (b) sclt or couse to sell, or pennit or authoise to sell a flm or uideotape contoining aduertisemeftt of cigarettes or ang otlter tobacco product;ortape contoining aduertisemeftt of cigarettes or ang otlter tobacco product;or

(c) distibute, cause to distibute, or permit or authorise to distributeto the public any leaJlel, hand-bill or docatment uhiclr i.s or uhichcontains tul aduertisement of cigarettes or ang other tobacco product: orto the public any leaJlel, hand-bill or docatment uhiclr i.s or uhichcontains tul aduertisement of cigarettes or ang other tobacco product: or (d) erect, exhibit, fix or retain upon or ouer ang land, builclinq, wat|loarding, fratne, post or structure or upan or in ang uehicle or sltolldisplog in arLlJ manner uhatsoeuer in ang place any adueftisement ofdisplog in arLlJ manner uhatsoeuer in ang place any adueftisement ofcigarettes or anA other tobacco product:

Prouided thot lhis sub-section shall not applq in relation to- (e) on aducrlisement of cbarettes or any other tobacco product in <tr on apackage containing cigarettes or ang other tobocco product:package containing cigarettes or ang other tobocco product:

(b) aduenisement of cigarettes or ang other tobacco product ruhicft isdisplaged et the entrance or inside a tuarehouse or a shop utherecigorettes and ang other tobacco products [qre ]offered for disltibutiott orscledisplaged et the entrance or inside a tuarehouse or a shop utherecigorettes and ang other tobacco products [qre ]offered for disltibutiott orscle

(3) No p<:rsort, shctll, under a conlract or othenLise pronlote or agree topromote the use or consumption of- (a) cigorettes or anA other tobacco product; or (b) anq tracle mark or brqnd rutme of cigarettes or ott11 olltcr lobtu:coproducl itr cxchange for a sponsorship, gtft, prize or scholot shilt giucttor agreed to be giuen bg another person.producl itr cxchange for a sponsorship, gtft, prize or scholot shilt giucttor agreed to be giuen bg another person.

6. Prohibition on sale of cigarette or other tobacco products to aperson belota the age of eighteen geors o.,I.d in pqrticular area. Nopersott :;hall sell, ctffer for sale, or permit sale of, cigarette ot ot7ll othertobac<:o product (a) to onu pcrson uho is under eighteen gears of agc, am<l (b) in an area uithin a radtus of one huadred gard-s of ang ?ducationqlinstituri()n.instituri()n.

7. Restrictions on trade o,rtd commerce in, and productiol, supplgo.nd. distribution of cigarettes o.n,d other tobdcco products.-(1) Noperson shall. directly or indirectlg, produce, supply or distibutecigorettes or anA other tobacco products unless euery l)qckqge ofcigarctlcs or ong other tobacco products produccd, supplied ordtstribut<.d bg him bears thereon, or on its label such specift,d wantilgin<'lucling o pictorial utarntng as maA be prescibcd.

(2) No person shall carry on trade or commerce tn cigarettes or ang othertobacco products ttnless euery package of cigarettes or ang othe.r tobaccotobacco products ttnless euery package of cigarettes or ang othe.r tobaccoproducts sold, supplted or distibuted bg him bears thereon, or on itslabel, the specified uarnlng.label, the specified uarnlng.

(3) No person shall import cigarettes or anA otller tobecco products fordistibution or supplg for a ualuable consideration or for sale in Indiaunless euery package of cigorettes or an!, other tobacco products soimported bg htm bears thereon, or on its labeL the specifie.d warning.distibution or supplg for a ualuable consideration or for sale in Indiaunless euery package of cigorettes or an!, other tobacco products soimported bg htm bears thereon, or on its labeL the specifie.d warning.

(4) The specified tuarning shall appear on not less that one of the larqestpanels of the package in whiclt cigarettes or ang otlter tobecco productshaue been packed for distibution, sale or supplg for a ualuableconsideration.panels of the package in whiclt cigarettes or ang otlter tobecco productshaue been packed for distibution, sale or supplg for a ualuableconsideration.

(5) No person shall, directlg or indirectlg, produce, supplg or distibutecigorettes or anA other tobacco products unless euerg package ofcigarettes or ang other tobacco products produced, supplied ordistributed bg him indicates thereon, or on its label, the ticotine cuLd tarcigarettes or ang other tobacco products produced, supplied ordistributed bg him indicates thereon, or on its label, the ticotine cuLd tarcontents on each cigarette or as thc casc maA be on othcr tobaccoproducts along with the mo-imum permissible limits the reof:products along with the mo-imum permissible limits the reof:

Prouided that the nicotine and tar contents sholl not exceed themaximum permissible quqntitg thereof as mag be presciltcd bg tulesmade under this Act.

7 7. Testing laboratory for nicotine a d tor conterrts. [-For ]purposesof testing the nicotine and tar @tltet'ts in cigarcttcs atul utg othertobacco products the Central Gouernment shall by notiJlcattott in theOffcial Cazette grant recognition to such testing laboratot'y as thatGouernment mag deem necessarg.of testing the nicotine and tar @tltet'ts in cigarcttcs atul utg othertobacco products the Central Gouernment shall by notiJlcattott in theOffcial Cazette grant recognition to such testing laboratot'y as thatGouernment mag deem necessarg.

72. Pouer of entry dnd search.-(l) Ang police offi.cer, trct below therank of a sub-inspector or anA oIrtcer of Stote Food or DrugAdministration or ang other offcer, holding the equiuolent rank being notbelou-t the rank of Sub lnspector of Police, authoise slde by tlrc CentralGouernment or bg the State Gouernment mag, if he lrus ang reason tosuspect that any prouision of this Act hos been, or i-s being, contrauened,enter [qnd ]search in the manner prcscribed, at ang reasonable titne, anAfactory, [building, ][business ][premises or ][anu ][other ][place,-]

(a) uhere ang trade or commerce in cigqrettes or ong other tobaccoproducts is carrted on or c[garettes o[ anA otlrcr tobacco products areproduced, supplied or distibuted; orproduced, supplied or distibuted; or (b) uhere ang advertisement of the cigorettes or eng othcr tobaccoproducts has been or is beinq made.

(2) The prouisions of the Code of Criminal Procedure, 1973 (2 of 197a),shall applg to euerg search ond seizure made under this AcL

73. Power to seize.-(l) If ang police ofrtcer, not below th<: rank ofa sub-inspector or onA ofrtcer oI State Food or Drug Administration or any otherofficer, holcling the equiualent rank being not belou the rank oJ Sub-Inspector of Police, authorised bg the Central Gouernment or bl1 the StateGouernnlent, has an11 reason to belieue thaL- (a) in respect of ang package of coarettes or ang other tobaccoproducts, orproducts, or (b) in respect of an11 aduerttsement of cigarettes or anA other tobaccoproducts,products, the proursions of this Act hque been, or are being, contrauened, he magseize su<'lr package or aduertisement mateidl in the manner prescnbed.

(2) No pockage of cigarettes or aftA other tobacco products oradL'ertisc.it(,t1t moteial seized. under clause (a) of sub-section [(1) ]shall beretained b!! the- oJfcer uho seized the pockage or aduertiscmerrt materialfor [a ][peiod ][exceeding ][ninety ][daAs ]from [the date ][of ][the scizure ][ttnless]the approL)al of the District Judge, ulithin the local limits of ruhose./unsdiclion [such ][seizure ][was ][made, ][has ][been obtoitcd ]for [such]rctention.adL'ertisc.it(,t1t moteial seized. under clause (a) of sub-section [(1) ]shall beretained b!! the- oJfcer uho seized the pockage or aduertiscmerrt materialfor [a ][peiod ][exceeding ][ninety ][daAs ]from [the date ][of ][the scizure ][ttnless]the approL)al of the District Judge, ulithin the local limits of ruhose./unsdiclion [such ][seizure ][was ][made, ][has ][been obtoitcd ]for [such]rctention.

74. Confiscation oJ package.-Ang package of cigarettas or anq othertobocco products or ang aduertisement mateial of cigarettcs ot any olherLobocco products, in rcspect oi which aru1 prouisiott of tllis Acf lids beenor is beurq <'otirauened, shalt be liable to be confi.scated:

Prouidecl tl1ot, uthere, it is established to the sati-sfaction oJ the coLtrtadjudgtq lhc conf.scatton thot the person in uhose possessron, polueror coll.t(tl c)ntt sttch package of cigarettes or ang otller tobacco productsi.s./orrrrd is not respotrsible for the contrauention of the prouision-s o/ tl.tisAct, the Coutl m.ag, instead of making an order for the cotliscation ofsuch packall<,, make such other order authorised bg this Act aqainst thep<:rson gutlly ef tlTe brcech of the prouistons of this Act as it mo g thilk .fit.

76. ConJisco.tion ,rot to interfere utith otr.er punishments-Noconfiscatiott made, costs ordered to be paid under this Act sholl preucntthe inJli<'tirnt o.[ ang punishment to tthich the person affected therebg isliable und<:r the prouisions of this Act or under ang other laut.

20. Punishtnent for lailure to gitn qtecified uarning and nicotineclnd tqr contents.-(1) Ang person uho produces or monttfacluresctgarettes or tobacco products, Lohich do not contain, eitlrcr on thepackage or ott their label, the specifted warning and the nicoltne ancl tarconrerrr.s, shnll in the case of f.rst conuiction be punislnble uithimp'isonx,cnt Ior a term which may ertend to tLUo gears, nr uith fnewlrich rrttttl <,xlend to Jiue thousand ntpees, or Luith both, ond for thcseconrT or srllr-seqrrent conuiction, uith imprisonment lor a le.rm tuhichmaA extend to fiue gears and with fine uhich mall ext.nd to tenthousand ntp<,<,s

(2) Ang person urho sells or distibutes cigarettes or tobacco produclswhich do not contain etther on the package or on their label, the specifiedutarning and the nicotine and tar contents shall tn the case of rtrstconuiction be punishable uith impisonment for a term, which mayextend to one gear, or with fine which may extend to one thousotldtapees, or with both, and, for the second or subsequent conuiction, withimpisonment for a term uhich mag extend to ltDo gears and uith frnetuhich mag extend to three lhousan<l ntpees.

27. Punishment for smoking in certoirr plrrces.-{l) Vlhoernrcontrauenes the prouistons of section 4 shqll be punishable with frnetul.riclt mo11 extend to ttLto htndred rupees.

(2) An offence under this section sho,ll be compoundable and shall betie<l summaily in accordance wilh the procedure proutdecl for summerytrials irt th<: Code of Ciminal Procedure, 1973 (2 of 197a).tie<l summaily in accordance wilh the procedure proutdecl for summerytrials irt th<: Code of Ciminal Procedure, 1973 (2 of 197a).

10. On earlier occasions, identical issues to the cases on hand,camc up for consideration before this Court in W.P.No.3202 of 2014and batch, W.P.No.14O93 of 2011, W.P.No.4942 of 2OL2, andW.P.Nos.22O6O of 2017 arrd 23213 of 2Ol7

11. In Writ Petition No.3202 of 2Ol4 and batch, this Court dealtwith a similar situation where the police wcre interfering rvith thebusiness activities of the petitioners therein, in serving flavouredhookah in their coffee shops. Dealing with the said aspect and alsotaking into consideration various provisions of the COTP Act, thepetitioners cases were rejected, holding as under:

'16. htsofar as the interference of the police are concemecl, it ispe-rlircnt to rLote that the provisions of Section 12 of the COI'P Act conlerpoluers to the police not below the rank oJ Sub Inspector of Police or anyof cer of the State Food or Drug Administrotion or antg other offcer,holding tlrc equiualent rank being not bclou the ronk of Sub Inspector ofPolice authorized bg the Central Gouentment or bg the Statc C,ouemntent,poluers to the police not below the rank oJ Sub Inspector of Police or anyof cer of the State Food or Drug Administrotion or antg other offcer,holding tlrc equiualent rank being not bclou the ronk of Sub Inspector ofPolice authorized bg the Central Gouentment or bg the Statc C,ouemntent, maV, if he fus ang reason lo suspect that ang prouision ol this Act hasbeert or is being contrauened, enter and search in the manner prescibedat ang reesonable time at factorA, building, business or ang other place.beert or is being contrauened, enter and search in the manner prescibedat ang reesonable time at factorA, building, business or ang other place.

17. In the ligllt of this prouision and Section 149 CrP.C., thecont"ntiott" of lhe leanted Counset for the petitioners that the acts of thePolice arnount to infingement of fundamental ights and that the policeore tLot the competent authoAtA, but it is onlg the G.H.M.C that iscontpete,it to intcrferc with the business of the Wtitioners, utho areseruing Hookltas, does not haue ang force. Tl-terefore, this Coutt is of theuiew that under Section 12 of the Acl and Section 149 Cr.P.C., the policeincludiruT the othcr authorities as authorized bg both Centrat and StateGouernments haue ample powers to inspect the business premises of thepetitioners. In this regard, tlrc leamed Counsel for the petitioners ho.sfailed [to place ][anq ][such ][authoitg, ][under ][u.thtch, ][the ][G.H.M.C ][is ][onlg]competetd to i sp(:cl lhe Lrusiness of the petitioners in seruing I tookah.

18. ht '-rieu of the foregoing di-scus.sion , this Court is of th" uiew thatthe action of llrc respondents-police is in accordance uith lau and anAinterkre nce bg tltis Coutt u,ith the pouers of the police in this regard bgexercisirtg tltc Jtourcrs under Seclion 226 of the Constitution of India, isnot u)arrerltcd

19. Furtlrcr, the Director General of Police, Telongano State, i.sdirected to take appropriqte [qction ]against the officers for thcir irutctiorrin respect of llrc resteurants being used. as hookah centres end also tolaka oction aqainst the high handed acts of the olftcers, LDhn interkredwitlt th<, restaurants, whbh ere being run uithout there being anguiolations."

12- In W.P.No. 14093 of 2011, a learned Single Judge of this Courtreferring trr thc orcler passed in W.P.No.32O2 of 2074 and thejudgmer-rt of the Honble Apex Court in Narinder S.Cho,dha and others u. Municipdl Corporation of Greater Mumbai (supra), held as under:

''l'he facts in W.P.No.32O2 of 2014 and batch are same and similar to thefacts [osserled ][in ][the ][inslant ][utrit ][petition. ][Further, ][as ][ightly ][pointed out]bA the respondents there can't and ought not to be a blqnket directionfacts [osserled ][in ][the ][inslant ][utrit ][petition. ][Further, ][as ][ightly ][pointed out]bA the respondents there can't and ought not to be a blqnket directionagqinsl the respondents for such directton uirtuallA preuents the Policefront [euen ][knoLaing ][or ][inuestigating ][Luhat ][is ][acanllg ][happening ][tn ][the]name oJ Jlauoured hookahs. The dectsion of Hon'ble Suprcme Court isdistitquishable to the fact situation of this case, for a Circular u.taschollertged in the reported case and the legality of the Circular ruasconsidc.red c.nd decided. Whereas in the crtse on hand the prager andtlrc couse of actton are on alleged interference bA PoLice againstJlcruoured [lroohahs seruing ][and ][nn ][uitten ][order ][or ][proceediq ][is ][placed]on record to examine the legalitg of such order or proceeding. ['Iherefore,]hoving re,gard to the Ltiew tqken tn the common order dated 27-Ol 2017in W P.No 3202 of 2014 and. batch, I am saisrted that the instant Laritpelition can be dismissed by adopting tLLe same reasons."front [euen ][knoLaing ][or ][inuestigating ][Luhat ][is ][acanllg ][happening ][tn ][the]name oJ Jlauoured hookahs. The dectsion of Hon'ble Suprcme Court isdistitquishable to the fact situation of this case, for a Circular u.taschollertged in the reported case and the legality of the Circular ruasconsidc.red c.nd decided. Whereas in the crtse on hand the prager andtlrc couse of actton are on alleged interference bA PoLice againstJlcruoured [lroohahs seruing ][and ][nn ][uitten ][order ][or ][proceediq ][is ][placed]on record to examine the legalitg of such order or proceeding. ['Iherefore,]hoving re,gard to the Ltiew tqken tn the common order dated 27-Ol 2017in W P.No 3202 of 2014 and. batch, I am saisrted that the instant Laritpelition can be dismissed by adopting tLLe same reasons."

13. Irr W,P.Nos.22O6O of 2Ol7 and 23213 of 2017, a learnedSingle Juclge o[ this Court vide order dated O2.08.2O17, observed asfcrllou,s " 17) The tu,o [judgments ]rekned to aboue dealt uith situation whcrethe interkrence of the police in the business of the [petitioners ]in seruingflououred [llrloko.h ][was ][in ][challenge. Situation ][on ][hand now ][is ][totally]difJbrcnt and still uerse in uietu of the notificqtion dated 23.05.2017ultlch prohibited seruice in smoking arect or space [prouided ]lor smoking.Adnittcdlu, trookah is a product tuhich contsins tobacco and when anyproduct contains toboc<n, the same ltas to be puffed in a rton-smokingzotre. In uieu.' of the circular issued bg the GouerlTment, seruice of [hookah]euen tr tlrc no smoktng zone would be impermissible.the interkrence of the police in the business of the [petitioners ]in seruingflououred [llrloko.h ][was ][in ][challenge. Situation ][on ][hand now ][is ][totally]difJbrcnt and still uerse in uietu of the notificqtion dated 23.05.2017ultlch prohibited seruice in smoking arect or space [prouided ]lor smoking.Adnittcdlu, trookah is a product tuhich contsins tobacco and when anyproduct contains toboc<n, the same ltas to be puffed in a rton-smokingzotre. In uieu.' of the circular issued bg the GouerlTment, seruice of [hookah]euen tr tlrc no smoktng zone would be impermissible.

18) It is to be noted here th.tt the oboue said [prouision ]wiU applg ifthe hotel/ rcst<tura&t has 30 rooms and the coffee shop has seatingcapacitg of 30 persons or more, Luhich does not mean that haokah can befreelg [supplied ][in o rcstauront uhere ][seattng ][capo.citg ][is ][/ess ][tlun ][30 ][or]u lwtel where therc are less number of rooms."

14. As per Section 4 of the Act, if the restaurant has seatingcapacity of 30 persons or more, a separate provision for smokingarea has to be provided. The word Hookah has not been defined inthe COTP Act. Section 3 (k) of thc COTP Act defines "production". Areading of the said provision would show that the word "production"includes making of cigarettes, cigars, cheroots, beedis, cigarettetobacco, pipe tobacco, hookah tobacco, chewing tobacco, pan masalaor any chewing material having tobacco as one of its ingredients (bywhatever name callcd) or snuff. Therefore, it implies that all thetobacco products which are taken with the aid of pipe, wrapper orany other instruments would lall within the definition of Section 3(n)of the COTP Act. If the restaurant or coffee shop falling within theambit of Section 4 of the COTP Act, has to provide a separatesmoking zone. The Government of India has issued a notification inthe month of May, 20 i 7, which clearly indicate that no service sha-Ilbe allowed in a smoking area or in the space provided for smoking.Therefore, thc rcstaurant owners shall not involve themselves in theact of servir:e to thcir customers, in thc prohibited area. Section 12 ofthe Act confers powers to the police officer not below the rank of Sub-Inspector of Police or any officer of authorized by the CentralGovernment or State Government to search the premises at anyGovernment or State Government to search the premises at anyreasonable time, if he suspects that the provisions of the Act arecontravened namely cigarettes or any other tobacco products arecontravened namely cigarettes or any other tobacco products areproduced, supplied or distributed or whether any advertisement ofthe cigarettes or any other tobacco products are being made. Whileaffecting a search and seizure, Section 12 of the Act clearly says, thatthe provisions of the Cr.P.C. have to be followed.the cigarettes or any other tobacco products are being made. Whileaffecting a search and seizure, Section 12 of the Act clearly says, thatthe provisions of the Cr.P.C. have to be followed.

15. Having regard to the above, and taking into consideration,consistcnt vicw taken by this Court in the aforesaid Writ Petitions,this Court do not hnd any illegality in police oflicers, entering intothe premises ar-rd searching the same, so as to find out whether theowners of the restaurants have contravened or violated any of theprovisions of the COTP Act and Rules made thereunder.

L6. It is useful to refer and extract Article 47 of the Constitution ofIndia, which reads as follows:

"47. Dlttg of the St@te to roise the leuel of nutritton and thestandord of living and to irnprove public health.- The State shallreqard thc reisilq of the leuel of nutrition [qnd ]the standard of ltutng of itspeople anrl tlrc inprol,eient of public health as [qmong ]its primarg duticsttnd, in particular, the State shall endeauour to bing about prohibition ofthe corrsurnptictrt c\ccpl for mc.dicinal purposes of intoicating [drinks ]andof druqs uthich are injurious to health.

17 . This Constitutional Provision specifically deals withimprovement of public health a primary duty of the State. TheCourt should enforce this duty against a defaulting local authorit5r.Any article which is hazardous or injurious to public health is apotential danger to the fundamental right to life guaranteed to thecitizens under Article 2l read with Article 47 and a paramount dut5ris cast on the States and its authorities to achieve an appropriatelevel of protection to human life and health. Further , restrictionsimposed by law for supply and serving of tobacco products includingserving hookah cannot be saicl to bc violative of Article 19(l)(g).Having regard to the principlcs contained in Article 47 of theConstitution, the State or its authorities are having right to regulatethe sale of tobacco product which includes running of hookahcentres. WhiLe granting license to run the restaurants. the State orits authorities must resort to strict scrutiny of thc applications. Forthe purpose of grant of licence, the law as contained in the rules, didnot contain any provision for relaxing any condition. ln VincentPanik:lrlangarrr u. Union oJ Indiae the Hon'ble Strpreme Courtobserved that "maintcnance and improvement of public health haveto rank high as these are indispensable to the very physical existenceof the communitlr and on the betterment o[ these depends, the r aln tggT sc qqo: ( t9ti7) I scc t.r5

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

18. Section 4 of the COTP Act delines prohibition of smoking in apublic place. It states that no person shall smoke in arry publicplace. Provided that in a hotel having thirty rooms or a restauranthaving 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 torun the hotels / restau rants. Section 6 of the COTP Act prohibits saleof cigarette or other tob:rcco products to a person below the age ofeighteen years and in an area within a radius of one hundred yardsof any educational institution. A conjoint reading of Section 6 readwith Section 4 of COTP Act clearly indicate smoking of tobacco in anyform is prohibited in public places like Hotels, Restaurants andAirports. Rute 4(3) of the Rules, 2OO8, a smoking area or space shallbe used only for the purpose of smoking and no other service(s) shallbe allowed. A careful reading of the above provisions, would indicatethat the Hotels and Restaurants where normally food is supplied, areprohibited from smoking of any tobacco product, unless a separatearea is made to allow smoking. Therefore, the contention of thepetitioners that the licence obtained by them to rlln the Hotcls / Restaurants aiso allows thcm to have smoking of I'rookah andrun hookah centres is not tenable

19. The petitioners having obtained licence to run hotels/restaurants have to comply the conditions imposed by the MunicipalCorporation, whereas Section 4 of the COTP Act, prohibits smokingin a public place. Therefore, the conditions imposed by theMunicipal Corporation for granting tradc liccnce to run Hotels/Restaurants are varying from the conditions that are incorporatedunder the provisions of COTP Act. The licence obtained for runningRestaurants which have the seating capacity of thirtl/ persons ormore does not confer any right to thc petitioners to con\rert the sameas a place of smoking area or to run hookah centre.

20. Admittedly, in the present cases on hand, the pctitioners haveobtained licences to run Hotcls / Restaurants / Bars and withoutspecifying any a.rea as smoking zolle as per thc provisions of COTPAct and Rules made thereunder, as such they are not having right tocontend that they are entitled to run the hotels/ restaurants asHookah centres.

21. The Hon'ble Suprcme Court in Narinder S. Cho,dhq u.Municipal Corporation oJ Greater Mumbai (supra). ivhile dcaling with the Condition 35(C) of the Circular issued by the BombayMunicipal Corporation, observed as follows:

' 14. It uitl be seen that Condition 35(C) of the impugned ctrcularessentiallg reproduces Rule 4(3) of the said Rules [qnd ]then adds thewords "or ang apparotus designed to facilitqte smoking". The effect ofthe added LoorrJs is thot o Hookah cannot be prouided bu the hotel,restaurant or airport being 0]t opparatus designed. to facilitatesmoking. ["]essentiallg reproduces Rule 4(3) of the said Rules [qnd ]then adds thewords "or ang apparotus designed to facilitqte smoking". The effect ofthe added LoorrJs is thot o Hookah cannot be prouided bu the hotel,restaurant or airport being 0]t opparatus designed. to facilitatesmoking. ["]

16. We fncl it difficult to accept this contention bec<tuse, if carefullgread, Rule 3 deals wittt the prohibitiotr of smoking in public places,which is referal>le to Secrion 4 (main part) uhereas Rule 4 is rekrableto the prouiso ro Seclion 4. Rule 3 uouLd onlg applg where there is atotal prohtbition of smokfutg in all public places as is clear from Rule3(1)(a) uhich m(rLes it incumbent on the oluner, propietor, etc. of apubltc place to ensure that no pcrson srnoLes in that place. It is in tLtatcontext that asrrtrays, matches, l[g]ters and other things designed tofacilitate [smoking ][are not ][to ][be ][prouided ][in ][public ][places ][u:here]smoking is prohibited oltogelher. ["]

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

building whether permanent or temporary wherc singing, music,dancing or any diversion or game and anything giving amusement ordancing or any diversion or game and anything giving amusement orthe rneans of carrying on thc same is provided and to which thepublic are admitted either on payment of money or with the intentionthat money may be collected from them on admission and shallinclude the race-course, circus, theatre, music and dancing hali,billiard room, g,rmnasium or any other placc allotted for suchpublic are admitted either on payment of money or with the intentionthat money may be collected from them on admission and shallinclude the race-course, circus, theatre, music and dancing hali,billiard room, g,rmnasium or any other placc allotted for suchpurposes. As per Section 3(h) of the City Police Act, "public place ofentertainment" means any enclosed or open place to which thepublic have access and where any kind of articles of foocl and drinkare supplied for consumption by any person or for the profit of anyentertainment" means any enclosed or open place to which thepublic have access and where any kind of articles of foocl and drinkare supplied for consumption by any person or for the profit of anyperson owning or having any interest in or managing such place andshall include a refreshment room, tea house, liquor house, boardingshall include a refreshment room, tea house, liquor house, boardinghouse, lodging house, hotel, tavern or sendhi, wine , gzrnja, toddy,bhung or opium shops. As per Scction 3fi) of thc City Police Act,"public place" also includes the place within the pre mises orenclosure of any public building or monuments and all places towhich the public have access for drawing u,atcr, rvashing or bathingor for the purpose of recreation.bhung or opium shops. As per Scction 3fi) of thc City Police Act,"public place" also includes the place within the pre mises orenclosure of any public building or monuments and all places towhich the public have access for drawing u,atcr, rvashing or bathingor for the purpose of recreation.

23. It is pertinent to state that "public place" as clcllned underSection 3(l) of COTP Act, includes amusement centres, and the sameis deirned in "public place of amusement" under Sections 3(g) of City

Police Act. As pe r Chapter III of the City Police Act, the Commissionerof Police is having power to issue rules and regulations forpreservation of order. Further, as per Section 32 of the City PoliceAct, for enforcement of orders under Sections 22,23 and 24 of theCity Police Act, the police officer may arrest any person withoutwarrant. As per Section 84 of thc City Police Act, police is havingpower to specify conditions etc., for obtaining licences and permits.Since the City Police Act, confers power over the amusementCentres/ restaurants, which are defined as "public place" under theCOTP Act and as per Rule 4 of the Prohibition of Smoking in PublicPlaces Rules, 2O08 permission is requirecl 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 supervisethe business establishments of the petitioners and seize the hookahcentres if there is any violation of the provisions of the COTP Act.Therefore, to establish hookah centres, permission from theconcerned authority has to be obtained under the provisions of CityPolice Act. The petitioners shall follow rules and regulations issuedby the Commissioner of Police from time to time for preservation ofthe public order.

24. In vier.v of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres vr.ouldrneet the ends ofjustice.

i) As Charcoal is being used for serving hookah in the HookahCentrcs, the petitioners shall obtain licence from the MunicipalCorporation as specihed under Section 52 1(1)(b) of GreaterHyderabad Municipal Corporation Act, 1955.Centrcs, the petitioners shall obtain licence from the MunicipalCorporation as specihed under Section 52 1(1)(b) of GreaterHyderabad Municipal Corporation Act, 1955.

ii) Since the Hyderabad City Police Act, 1348 Fasli conlers powerover the amusement Ccntres / restaurants which are def-tnecl as"public place" under the COTP Act and as per Rule 4 o[ theProhibition of Smoking in Public Places Rules, 2OO8permission is required specifying smoking area. Therefore, toestablish hookah centres, the petitioners shall obtainnecessary permission from the concerned authorrty under theprovisions of the City Police Act.over the amusement Ccntres / restaurants which are def-tnecl as"public place" under the COTP Act and as per Rule 4 o[ theProhibition of Smoking in Public Places Rules, 2OO8permission is required specifying smoking area. Therefore, toestablish hookah centres, the petitioners shall obtainnecessary permission from the concerned authorrty under theprovisions of the City Police Act.

iii) The Hookah Centres are prohibited from serving any tobaccoproduct to the persons below the age of cighteen years.Pictorial health-warning labels at the ent rance must bedisplayed.product to the persons below the age of cighteen years.Pictorial health-warning labels at the ent rance must bedisplayed.

iv) The respondents-police are at liberty to superwisr: ar-rd inspectthe Hookah Centres, for any violation of rulcs ancl regulations,guidelines or circulars issued under the provisiot-rs of theHyderabad City Police Act, 1348 Fasli.the Hookah Centres, for any violation of rulcs ancl regulations,guidelines or circulars issued under the provisiot-rs of theHyderabad City Police Act, 1348 Fasli.

v) If there is any violation of the provisions of the CIOTP Act andthe Rules made thereunder, the respondents -policc are atthe Rules made thereunder, the respondents -policc are at liberty to take appropriate action as per the provisions of theCOTP Act.

25. Subject to fulfilling the above conditions and also theprovisions of COTP Act, the respondents-police are directed not tointerfere with the business activity of the petitioners for runningHookah Centres. If the police are found to act in a highhandedmanner, the owners of the Hookah Centres are at liberty to bring thesame to the notice of the Director General of Police/Commissioner ofPolice, as directed by this Court in Writ Petition No.32O2 of 2014 andbatch, in which event the said authority shall forthwith takenecessary steps in that regard.

26. Accordingly, all these Writ Petitions are disposed of.

Miscellaneous Petitions, if any, pending in thcsc rvrit pctitionsshall stand closed. No order as to costs.

Date:15.11.2023SCS

C.V. BHASKAR REDDY, J