SHUBH CHANDRA JAIN Vs. STATE

JUDGEMENT

(1.) These are two petitions moved under Section 482 of the Code of Criminal Procedure for stay of the two prosecutions which have been launched against the petitioner under Section 112 of the Delhi Police Act.

(2.) According to the petitioner he is operating a guest house at property No. 6-7 Partap Singh Building, Janpath, New Delhi from before 1980. Such guest houses fall under the definition of the term "Place of public entertainment" as defined in Section 2(1) of the Delhi Police Act, 1978. Section 28(i)-x empowers the Commissioner of Police by a notification in Official Gazette to make regulations for licensing or controlling places of entertainment and clause (zb) further empowers him to prescribe the procedure in accordance with which any licence or permission sought to be obtained or required under the Act should be applied for, and fix fees to be charged for any such licence or permission.

(3.) As a result of the power so conferred by these provisions of Section 28 of the Delhi Police Act, the Commissioner of Police framed regulations which were published in the Delhi Gazette on 19-12-1980. A from is prescribed therein of the application for licence which any applicant has to move. Regulation 6 provides that no person shall open or keep place of public entertainment without having previously obtained licence from the Commissioner of Police or any other officer authorised by him in (his behalf. Regulation 7 requires the moving of applications for licence in the prescribed from (Annexure 1). Regulation 8 lays down that every person applying for a licence to open or keep place of public entertainment shall in the first instance satisfy the Commissioner of Police or any other officer authorised by him in that behalf that he is suitable, the locality and place where such place of entertainment is to be opened are fit for the purpose, the means of entrance and exist to and from the place are convenient, easy, sufficient and satisfactory and in case the place is any enclosure, building, tent, booth or other erection etc. the arrangements regarding the ventilation and precautions against fire are suitable and sufficient. One of the conditions for issue of licence prescribed by regulation 9 is that the applicant must fix his signature or thumb impression as the case may be on the licence in the presence of the Commissioner or any other officer authorised by him. He is next enjoined under regulation 10 to comply with the provisions of Delhi Shops & Establishments Act and the rules made thereunder. There are, further a number of regulations prescribing certain prohibitions.