Telangana High Court
Matcha Rohan, vs The State Of Telangana, on 9 August, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.8694 of 2024
ORDER:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash
the proceedings against the petitioner/accused in S.C.No.147
of 2023 on the file of the I Additional Metropolitan Sessions
Judge, Hyderabad, registered for the offences punishable
under Section 328 of the Indian Penal Code, 1860 (for short
'IPC') and Section 4 and 20(2) of the Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (for short 'the Act').
2. The brief facts of the case are that respondent No.2 on
receipt of credible information that the petitioner is running
Hookah Center under the name and style of M/s. Rasta Café,
situated at Indrani Complex, Hyderguda, Narayanguda,
Hyderabad under the guise of coffee shop, therefore, he along
with his staff have entered into above said premises and found
that the petitioner is running Hookah Parlour illegally and also
found that there is no non-smoking and smoking area
separately. Basing on the said complaint, he registered a case
in Crime No.151 of 2019 for the offences punishable under
Section 328 of IPC and Sections 4 and 20 (2) of the Act.
3. Heard Sri P. Vamsheedhar Reddy, learned counsel
appearing on behalf of the petitioner as well as Sri D. Arun
Kumar, learned Additional Public Prosecutor for respondent
No.1-State. Perused the record.
4. Learned counsel for the petitioner submitted that the
allegations leveled against the petitioner are vague and
baseless and that there is no illegality committed by the
petitioner in running the Hookah Center. He further
submitted that the said Hookah Center is closed in the year
2019 and the premises were handed over to the owner of the
land. Therefore, he prayed the Court to quash the proceedings
against the petitioner.
5. In support of his submissions, learned counsel for the
petitioner relied upon the judgment of this Court in M/s. K.
Prestigious Loungue hookah and Cafe vs. the State of
Telangana and others 1, wherein in paragaraph No.6 it is held
as under:
"6 ."Though the act does not contemplate any license 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. Police under the guise of this, shall not harass the
persons running these centers without following the
procedure. The officers, who are competent alone can
enter the premises. If there is any high-handed action
on the part of the police, the same shall be brought to
the notice of the higher authorities and they shall cause
enquiry into the same and take appropriate action."
6. On the other hand, learned Additional Public Prosecutor
opposed the submissions made by the learned counsel for the
petitioner stating that there are allegations against the
petitioner, which requires trial. Therefore, he prayed the Court
to dismiss the criminal petition.
7. In the light of the submissions made by both the learned
counsel and a perusal of the material available on record, the
main allegation against the petitioner is that he is running the
Hookah center illegally under the guise of coffee shop. On
going through the said allegation, and as per the judgment of
this Court in M/s. K. Prestigious Lounge Hookah and Café
(supra), the Act does not specify to obtain the license for
smoking or hookah consumption. Therefore, the allegation
against the petitioner do not constitute the offence as alleged
by respondent No.2. Hence, the proceedings against the
petitioner are liable to be quashed.
8. In the result, the criminal petition is allowed and the
proceedings against the petitioner in S.C.No.147 of 2023 on
the file of the I Additional Metropolitan Sessions Judge,
Hyderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall also
stand closed.
_______________
K. SUJANA, J
Date: 09.08.2024
PL
