SANTOSH LAXMAN NAYAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicants herein are amongst the directors of a private limited company which runs a Hotel with Restaurant and a Bar and run amusement programme on the basis of licence, while applicant No. 3 is an employee working as a barman. On 9-4-2000 a raid was conducted by the respondent and other police officers on the establishment known as "executive Club" belonging to the company of the Applicant Nos. 1 and 2. On the basis of what transpired to the Police Officers who had visited petitioner's restaurant, they recorded FIR No. 3020 on 20th April, 2000. which was lodged by Police Inspector, Crime branch, Nagpur. Based on the FIR and the investigation followed thereby, the respondents filed the charge-sheet in relation to offences under Sections 292, 294, 109, 176 r/w Section 34 of Indian Penal Code and Sections 81, 84, 77-A of Bombay Prohibition Act along with section 33 (x) and Section 131 of Bombay police Act and as well under Section 30 of arms Act. In as much as 20 witnesses are shown to have been examined and 98 persons have been arrayed as accused persons. These persons include the directors of the owner company, the staff working there, the women staff allegedly involved in the dance activity, security guards, waiters and the customers.

(2.) THE crux of the imputations can be summarily stated as follows;

(3.) THE police filed charge-sheet on the basis of documents such as Panchnama, statement of (i) Mr. Krushna Sawade, Police inspector and (ii) Smt. S. S. Gite, Lady Police sub-Inspector and the statements of various other customers who are shown as witnesses, who are 25 others.