The Telangana High Court granted conditional permission to operate hookah parlour and ordered the police not to harass the owners of the hookah parlour. The High Court issued the above orders in response to a writ petition filed on behalf of the owner of Hyderabad’s Prestigious Lounge Hookah & Cafe Chandrayangutta by Advocate Habeeb Abu Bakr Al-Hamid.
According to the High Court’s order, there is no need to obtain a separate license to run the hookah parlour under the Cigarettes and Other Tobacco Products Act, 2003, commonly known as the COPTA Act 2003, but according to the same law, restaurants and cafeterias with a capacity of more than 30 seats, the owners of the restaurants can allow consumers to smoke in a separate corner.
Restaurant owners who have separate smoking and hookah areas should notify the same to the Station House Officer so that they can keep an eye on the activities that take place in the allotted area and see if there is any violation of the law and the business is being conducted in accordance with the rules and procedures.
However, police officers should not harass the owners of such parlours. If there is any abuse by the police, it should be brought to the attention of higher authorities, who should investigate and take appropriate action.
However, the Court stated that it cannot instruct competent authorities not to enter the hookah parlour to inspect them.
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Prior to this, the Telangana High Court also directed the Director-General of Police to issue a circular instructing police officers not to carry out raids, seize or stop the manufacture, storage, transportation, and sale of tobacco products such as ‘khaini,’ ‘kharra,’ scented or flavored tobacco, and other tobacco products.
Some gutka traders filed a complaint with the High Court, alleging that police raided and seized their goods despite Supreme Court orders. They also informed the High Court that a High Court division bench had clarified that the Supreme Court orders would be followed by the police.
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