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2025 DIGILAW 1299 (TS)

Cafe Till Next Time Tnt v. State of Telangana

2025-10-27

N.V.SHRAVAN KUMAR

body2025
ORDER : 1. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent this writ petition is taken up for disposal at the admission stage itself. 2. This writ petition is filed seeking following prayer:- “declaring the action of the Respondents and their subordinates interfering into the business activities of the Petitioner without following due process of law as illegal arbitrary discriminatory violative of Article 14, 19(1)(g) of the Constitution consequently direct the Respondents and their subordinates not to interfere with the business activities of the Petitioner being run in the name and style as CAFE TILL NEXT TIME TNT situated at situated at H.No.256/D/25, Khanamet, Siddi Vinayak Nagar, Khanamet, Madhapur Nearby Swach Café, Madhapur Serilingampally, Hyderabad, Ranaga Reddy Dist, Telangana 500081.” 3. Brief facts stated in this writ petition are that petitioner claims to be proprietor of a café viz., ‘Café Till Next Time TNT’ in the subject premises. It is submitted the said café is covered with CCTV Cameras and smoking area is separate from general café space and that petitioner possess all the licenses such as trade, food and labour licenses. It is further submitted that respondent Police are interfering with the business of the petitioner and are obstructing the customers. In this regard, petitioner has submitted representation to respondent authorities on 23.09.2025 seeking permission to operate smoking area in the subject café. However, respondent authorities have not considered the same till date. Questioning the same the present writ petition is filed. Learned counsel for the petitioner submits that this Court vide common order dated 15.11.2023 in W.P.No.8223 of 2013 and batch, passed the following order:- “24. In view of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice. i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. ii) Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as “public place” under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifying smoking area. ii) Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as “public place” under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City Police Act. iii) The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed. iv) The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli. v) If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act. 25. Subject to fulfilling the above conditions and also the provisions of COTP Act, the respondents-police are directed not to interfere with the business activity of the petitioners for running Hookah Centres. If the police are found to act in a highhanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.3202 of 2014 and batch, in which event the said authority shall forthwith take necessary steps in that regard. 26. Accordingly, all these Writ Petitions are disposed of.” 4. The case of the petitioner is that though it has obtained all necessary permission from various authorities to run its business and inspite of the common order dated 15.11.2023 passed in W.P.No.8223 of 2013 and batch, the respondent No.5 is interfering in the business and is not allowing the petitioner to provide hookah in its shop. 5. Learned Assistant Government Pleader for Home, on instructions, submits that appropriate orders would be passed to that effect. 6. Heard both sides. Perused the record. 7. 5. Learned Assistant Government Pleader for Home, on instructions, submits that appropriate orders would be passed to that effect. 6. Heard both sides. Perused the record. 7. On a perusal of the COTP Act, 2003, Sub-clauses (b), (k) and (n) of Section 3: Definitions, reads as under: “(b) cigarette includes: (i) any roll of tobacco wrapped in paper or in any other substance not containing tobacco, (ii) any roll of tobacco wrapped in any substance containing tobacco, which, by reason of its appearance, the type of tobacco used in the filter, or its packaging and labelling is likely to be offered to, or purchased by, consumers as cigarette, but does not include beedi, cheroot and cigar; (k) production, with its grammatical variations and cognate expressions, includes the making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called) or snuff and shall include: (i) packing, labelling or re-labelling, of containers; (ii) re-packing from bulk packages to retail packages; (iii) the adoption of any other method to render the tobacco product marketable; (n) smoking, means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments.” 8. Section 4 of the Act stipulates prohibition of smoking in a public place. As per the State Amendment of Gujarat, Section 4A has been inserted which is extracted hereunder for reference: “Prohibition of hookah bar.-- 4A. Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house. Explanation.-- The term eating house shall have the same meaning as assigned to it by clause (5A) of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951).” 9. Similarly the State of Maharashtra also inserted Section 4A as was inserted by State of Gujarat. 10. This Court has taken note of the above amendments carried out by other States in their respective statutes on the subject which may serve as useful guide. 11. Section 6 of the Act refers to prohibition on sale of cigarette or other tobacco products to persons below the age of 18 years and in particular area. 12. 10. This Court has taken note of the above amendments carried out by other States in their respective statutes on the subject which may serve as useful guide. 11. Section 6 of the Act refers to prohibition on sale of cigarette or other tobacco products to persons below the age of 18 years and in particular area. 12. Section 7 of the Act stipulates Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products. Sub Clauses of Section 7 are as follows: “7 (1)…. (2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. 4…. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.” 13. Section 11 of the Act reads as follows: 11. Testing laboratory for nicotine and tar contents: For purposes of testing the nicotine and tar contents in cigarettes and any other tobacco products the Central Government shall by notification in the Official Gazette grant recognition to such testing laboratory as that Government may deem necessary. 14. Section 11 of the Act reads as follows: 11. Testing laboratory for nicotine and tar contents: For purposes of testing the nicotine and tar contents in cigarettes and any other tobacco products the Central Government shall by notification in the Official Gazette grant recognition to such testing laboratory as that Government may deem necessary. 14. Section 12 of the Act deals with Power of entry and search, which reads as under: “(1) Any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorise side by the Central Government or by the State Government may, if he has any reason to suspect that any provision of this Act has been, or is being, contravened, enter and search in the manner prescribed, at any reasonable time, any factory, building, business premises or any other place” 15. Section 13 of the Act reads as under: “Power to Seize: (1) If any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub- Inspector of Police, authorised by the Central Government or by the State Government, has any reason to believe that: (a) in respect of any package of cigarettes or any other tobacco products. (b) in respect of any advertisement of cigarettes or any other tobacco products, the provisions of this Act have been, or are being, contravened, he may seize such package or advertisement material in the manner prescribed. (2) No package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub-section (1) shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention.” 16. Section 7 of the Act stipulates label on any tobacco products with specified warning. The petitioner nowhere made submissions to the extent of hookah tobacco contents that would be served to their customers. The petitioner intends to supply hookah without any brand or label, which is against the provisions of Section 7 of the Act. Section 7 of the Act stipulates label on any tobacco products with specified warning. The petitioner nowhere made submissions to the extent of hookah tobacco contents that would be served to their customers. The petitioner intends to supply hookah without any brand or label, which is against the provisions of Section 7 of the Act. That apart, if the petitioner is allowed to mix any product by whichever name it is called generally, referred as flavoured hookah, without any approvals and whether the nicotine and other contents are permissible and such flavoured hookah if permitted by the petitioner to serve to their customers, the quality checks goes unchecked. As such permission to serve flavoured hookah is required to be obtained from the competent authority. 17. It is pertinent herein to refer the order of this Court in W.P.No.8223 of 2013 and batch dated 15.11.2023 and the operative portion is extracted herein for reference: 24. In view of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice. i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. ii) Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as “public place” under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City Police Act. iii) The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed. iv) The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli. v) If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.” 18. v) If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.” 18. Recording the submission made by the learned counsel appearing on either side and in terms of common order dated 15.11.2023 in W.P.No.8223 of 2013 and batch, this writ petition is disposed of leaving it open to the respondent authorities to pass appropriate orders on the representations made by the petitioner to respondent authorities on 23.09.2025 in terms of the common order passed by this Court on 15.11.2023 and as per the provisions of COTP Act, the petitioner may workout appropriate remedies as available under law in the pending Cr.No.1438 of 2025. 19. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.