Businesses serving flavored hookahs must comply with specific regulations to avoid unlawful interference by authorities, despite lacking a licensing requirement under the COTP Act.

ORDER :

N. Tukaramji, J.

This Writ Petition is filed with the following relief:

“…to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in banning and interfering with the business of the petitioner in serving of flavoured hookahs without reference to any rule, law or regulations as illegal, arbitrary and contrary to the provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and consequently direct the respondents to permit/ allow the petitioner to continue his business of serving flavoured hookahs in their shooterz, snookers and lounge without any hindrance or restrictions except under law and pass such other order or orders as this Hon'ble Court may deem fit and proper in .the circumstances of the case”.

2. I have heard Mr. Brahmadandi Ramesh, learned counsel for the petitioner and Mr.Mahesh Raje, learned Assistant Government Pleader for Home, appearing on behalf of the respondents.

3. Learned counsel for the petitioner pleads that seeking a direction to the respondent authorities to permit the petitioner to continue his business on serving flavoured Hookah without any hindrance or restriction except under law, this petition has been filed. The respondent police authorities are interfering in the name of regulation and imposing unreasonable restrictions without any lawful authority. Therefore, he prayed for necessary directions.

4. Learned Assistant Government Pleader for Home, 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 a Hookah Centre under the name and style of ‘M/s.Shooterz Snooker Parlour’ situated at Mulgi No.2-2-1052/1,2,3 and 4 situated at 4^th Floor, Happy Homes Buildings, situated at Sri Ramana Theatre, Amberpet Main Road, Hyderabad 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 i