HOTEL SURAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard by consent of the the parties. The learned AGP waives service on behalf of Respondent Nos.1 to 5. Mr. Joshi waives service for Respondent Nos.6 to 10.

(2.) This is a peculiar case arising out of the provisions of Bombay Police Act, 1951 and Rules For Keeping A Place Of Public Entertainment, 1953 framed by the Commissioner of Bombay Police under the provisions of Section 33 of Bombay Police Act, 1951.

(3.) On 11 th November, 2009, the establishment of the Petitioner where it is running eating house with license for running an orchestra as also having a license under the Bombay Prohibition Act, 1949 to serve liquor coupled with Entertainment license under section 33 (w) of the Bombay Police Act, 1951 r/w 1953 rules being 'A' type license for serving liquor in a place of public entertainment. As stated above, the premises were inspected on 11 th November, 2009 by Senior Inspector of Police, Immoral Trade, Social Service Branch, Bombay. 9 lady waitresses were found present at 1.25 a.m. (on the night of 11 th November, 2011 i.e. at 1.25 a.m. of 12 th November, 2011 in the night) and they were found to be making obscene gesture and were also found in close contact with the customers. The customers were found to be throwing Indian Currency Notes on the said lady waitresses.