IMPORTANT POINT
The judgment establishes the authority of the police to inspect and regulate hookah centers under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade Commerce Supply and Distribution) Act, 2003, and emphasizes the duty of the state to improve public health by upholding restrictions on tobacco products, including hookah.

JUDGMENT

1. 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.

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

3. W.P.No.46505 of 2022 is filed under Article 226 of the Constitution of India, seeking the following relief:

"to pass an order, direction or a Writ particularly in the nature of Writ of Mandamus directing the respondents herein to allow the petitioner herein to serve hookah in his establishment freely as long as he follows the "Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade Commerce Supply and Distribution) Act, 2003 and rules and that the petitioner be allowed to serve hookah in open areas and smoking zones and to issue necessary directions to the effect that no coercive action of any nature ought to be initiated against the petitioner or his establishment namely "Resign Sky Bar" located in Madhapur."

4. The case of the petitioner is that he is running the restaurant under the name and style 'Resign Sky Bar' since many years and also obtained trade license from the Greater Hyderabad Municipal Corporation, Hyderabad. It is further case of the petitioner that owners of certain restaurants had filed Writ Petition No.3202 of 2014 and batch on the file of this Court, wherein this Court vide common order dtd. 27/1/2017, allowed the petitioners therein to serve Hookah as long as they follow rules and regulations and also the conditions stipulated therein like having CCTV cameras and not serving to minors etc., . It is further case of the petitioner that even though the restaurant owners are following the rules and regulations as prescribed under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade Commerce Supply and Distribution) Act, 2003 (for short "COTP Act, 2003"), the task force police under the control of respondent No.2 are visiting the business place and foisting false cases with a malafide intention to force the owners of the business establishments to shut down the hookah sales and usage. It is further case of the petitioner that the owners of the restaurants again approached this Court and filed Writ Petition W.P.Nos.22060 and 23213 of 2017 and this Court vide common order dtd. 2/8/2017 disposed of the said Writ Petitions and ordered that the restaurant owners are free to run their 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 inconformity with the directions issued by this Court, the respondents-police are raiding the hookah Centres and registering false cases under Ss. 188, 270, 272 and 328 IPC. It is further case of petitioner that cases under aforesaid Ss. cannot be filed 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 2020 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 Ss. 188, 269, 270, 272, 273, 328, 336 and 420 read with 34, 149, 511 of IPC; Ss. 3(m), 20(2), 21(1), 21(2), 22, 7(3) and 7(5) of the COTP Act, 2003 and Ss. 58 and 59(i) of the Food Safety and Standards Act, 2006 (for short 'FSS Act'). This Court vide common order dtd. 10/6/2022, allowed the said Criminal Petitions, quashing the proceedings in the respective Crimes/Calendar Cases/Sessions Cases in terms of the common or