NO EXCLUSIVE HOOKAH CAFES IN CITY, RULES HC
DC CORRESPONDENT HYDERABAD, JAN. 27
The Hyderabad High Court on Friday ruled that there was no legal provision to run exclusive hookah cafes or restaurants in the city.
Justice Raja Elango while dismissing a batch of petitions by owners of hookah cafes and restaurants, said that Section 4 of the Cigarettes and Other Tobacco Products (prohibition and regulation of trade and commerce, supply and distribution) Act (COTP Act) permits restaurants or coffee shops having a seating capacity of 30 persons or more and having a separate provision for smoking place, to serve hookah.
The petitioners had challenged the police interference in their business and also the closing down their cafes and restaurants.
H. Venugopal, counsel for the home department of Telangana, told the court that the petitioners are obtaining licences to run restaurants, but most of them are converting the restaurants as a place to serve hookah only, even allowing youngsters to smoke hookah. Counsels appearing for the petitioners contended that the police has no power to interfere in their business; it was the GHMC authorities that were empowered to inspect their premises.
The judge said that the petitioners have failed to place any record that the GHMC authorities alone are empowered to inspect their businesses.
The Hyderabad High Court on Friday ruled that there was no provision to run exclusive hookah cafes or restaurants in the city.
The judge noted that Section 12 of the COTP Act confers powers on police not below the rank of sub inspector, or any officer of the Food and Drug Administration, to inspect the business premises of the petitioner if he has any reason to suspect that any provision of the COTP Act has been violated.
While considering the provisions of the Act, coupled with Section 149 of the CrPC, and taking into consideration the violations pointed out by the police, the judge said, “This court is of the view that serving hookah in the petitioners’ restaurants without complying with and without displaying statutory and pictorial warning notices amounts to violation as pointed out by the police.”
The judge directed the Telangana’s DGP to act against the officers for their inaction in respect of the restaurants being used exclusively as hookah centres.