Telangana High Court
The Nawabs Cafe vs The State Of Telangana on 14 October, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.33222 of 2024
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. 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:-
"to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondent Nos.3 and 4 herein banning and interfering with the said business of the petitioner running under the name and style as "THE NAWABS CAFE" situated at H.No.2-253, Sai Nagar, Old Hafeezpet, Miyapur, Telangana, (hereinafter referred as 'coffee shop') represented by its owner Mr. Mohd. Junaiduddin, S/o Mr. Mohd. Imamuddin 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 flavored Hookahs in his coffee shop without any hindrance or restrictions."
3. The facts of the case in brief as stated are that petitioner along claims to be Proprietor of the coffee shop. It is submitted that the petitioner has obtained all necessary permissions from various authorities to run its business. The petitioner has applied for provisional trade license from GHMC. The respondent authorities are restricting the petitioner from serving flavoured 2 hookahs in the said Coffee Shop. Questioning the same, the present writ petition is filed.
4. 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; and
(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;"
5. 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: 3
"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)."
6. Similarly the State of Maharashtra also inserted Section 4A as was inserted by State of Gujarat.
7. 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.
8. 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.
9. 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.4
(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."
10. 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.
11. 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"
5
12. 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, or
(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."
13. 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 6 such flavoured hookah is permitted to serve to their customers, the quality checks goes unchecked.
14. This Court in similar circumstances disposed of the writ petition in W.P.No.24155 of 2025 dated 22.08.2025 and the operative portion of the said order reads as under:
"19. 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 09.06.2025, 13.06.2025 and 05.07.2025 and pass appropriate orders 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.
20. Accordingly, this writ petition is disposed of."
15. This Court in the above writ petition also referred to 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 7 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." 8
16. Accordingly, this writ petition is disposed of in terms of orders passed in W.P.No.24155 of 2025 dated 22.08.2025 and W.P.No.8223 of 2013 and batch dated 15.11.2023, granting liberty to the petitioner to file a representation to respondent authorities for serving flavoured hookah and it is left open to the respondent authorities to pass appropriate orders on the representation, if any made by the petitioner to respondent authorities in terms of the aforementioned orders passed by this Court and as per the provisions of COTP Act. It is made clear that, it is for the respondent authorities to pass appropriate orders for permission strictly in accordance with law. Needless to say that the respondent authorities shall follow due procedure as contemplated under law before initiating any action against the petitioner.
17. Accordingly, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date:14.10.2025 vrks