Back
2025 Supreme(Online)(Tel) 15800
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
M/s. Red Brick Cafe – Appellant
Versus
State of Telangana – Respondent
Writ Petition No.1534 of 2017
For the Appellants/Petitioners: Mr. Mohd. Asifuddin
For the Respondents: Assistant Government Pleader
Businesses serving flavored Hookah must comply with local regulations and safety measures to avoid police interference.
Headnote:(A) Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 - Directions outlined for operating Hookah centres under this Act. (Paras 10 and 11)
(B) Businesses serving flavored Hookah must comply with specific regulations to operate legally, including signage, age restrictions, and surveillance measures described in prior judgments. (Paras 7 and 10)
Facts of the case:
The petitioner operates a café and seeks to continue serving flavored Hookah without undue police interference while maintaining legal compliance.
Findings of Court:
Directions provided to the petitioner on operational conduct to prevent police harassment, requiring proper licensing and compliance with relevant safety standards.
Issues: The necessity for businesses to comply with local regulations while serving tobacco products, particularly regarding age restrictions and operational hours.
Ratio Decidendi: Requirement for compliance with the COTP Act and local municipal regulations is mandated to prevent undue interference by police and ensure public safety.
Result: Writ Petition allowed.
| Table of Content |
|---|
| 1. details surrounding the petitioner's business operations. (Para 1 , 3 , 6) |
| 2. arguments presented by both parties regarding regulatory compliance. (Para 2 , 4) |
| 3. court's observations on statutory requirements and prior cases. (Para 5 , 7 , 8) |
| 4. legal reasoning leading to regulatory provisions for the operation of the petitioner's business. (Para 9 , 10) |
| 5. final directives issued to allow business operations under conditions. (Para 11) |
ORDER
This Writ Petition is filed with the following relief:
“Issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein from interfering with the business of the petitioner under the name and style of “Red Brick Café” in premises No.6-3-348/B, 3rd floor, Road No.1, Banjara Hills, Hyderabad in serving the flavoured hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco products COPT Act and consequently direct the respondents to permit the petitioner to open their business for serving flavoured hookahs in their coffee shop without any hindrance or restrictions except under law.”
2. Heard Mr. Mohd. Asifuddin, learned Counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 to 4.
3. Learned Counsel for the petitioner submits that the petitioner seeks a direction to the respondent authorities to permit him to continue his business of serving flavoured hookah without any hindrance or restriction, save in accordance with law. It is contended that the respondent police authorities, under the guise of regulation, are interfering with the petitioner’s business activities and imposing unreasonable restrictions without lawful authority. Accordingly, the petitioner prays for the issuance of appropriate directions.
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 a coffee shop under the name and style of ‘Red Brick Café” 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 2012 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. P
