Court ruled that businesses serving flavoured Hookahs must comply with specific conditions to ensure legal operation and public safety, despite no explicit licensing requirement under the COTP Act.

ORDER :

N.Tukaramji, J.

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“….to issue a Writ, Order or Direction more particularly one in the nature of Writ Of Mandamus by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style II02CAFE, Sy. NO.211 and 217A ,PNO.601, Gandipet, Puppalguda, Rajendranagar, Rangareddy, Rep. by its owner, Santosh Reddy Barally, S/o. Madhusydgab Reddy Berally, Occ.Business, aged about 37 years, Exotica Apartment, Flat No.503, Prasanth Nagar, Kondapur, PO, Kothaguda, Ranga Reddy Telangana in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of justice….”

3. Heard learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader appearing on behalf of respondents.

4. Learned Assistant Government Pleader for the respondents submits that the act of serving Hookah necessarily implies the supply of tobacco products. However, the nature of the substances being used in the preparation of flavoured Hookah has not been clearly specified by the petitioner. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent authorities. However, fairly concedes that in similar matters this Court has directed petitioners/business establishments to comply with certain conditions, and upon such compliance, the respondent police authorities were directed not to interfere with their business activities. In view of the above, he prays that appropriate orders be passed in the instant matter.

5. I have perused the material on record.

6. The petitioner is running cold drinks and a coffee shop under the name and style of “II02 Cafe” and contends that the respondent police authorities, without any legal prescription, are interfering with his business of serving flavoured Hookah.

7. In this context, it is pertinent to note that a Coordinate Bench of this Court, in W.P. No.15944 of 2022 decided on 08.12.2022, examined the question as to whether a licence is required for running a Hookah center under the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (‘COTP Act’) and upon due consideration, recorded its conclusion in the following terms:

“Though the Act does not contemplate any licence to be taken, in the larger interest of the youngsters, who are visiting the hookah centres, the restaurant owners shall have a definite place for hookah / smoking. The restaurant owners, who are having a separate place for smoking and for hookah consumption, shall inform the same to the Station House Officer, so that they can have surveillance on the activities that are taking place in the said place and whether the business is carried out as per the norms and the procedure laid down under the Act. Police under the guise of this, shall not harass the persons running these centres without following the procedure. The officers, who are competent alone can enter the premises. If there is any high-handed action on the part of the police, the same shall be brought to the notice of the higher authorities and they shall cause enquiry into the same and take appropriate action.”

8. Furthermore, in an analogues matter, this Court is