DEVENAND VASU SALLIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Kanuga with Mr.Tripathi for Petitioner and Mr.Mhaispurkar, APP for State.

(2.) THE petitioner is carrying on restaurant business in the name of "Shiv Shakti" at Thane where he was serving food and also playing recorded music, with song and dance for the entertainment of the customers who come to take their meals.

(3.) IT is contended that no separate licence for playing music or dance performance is required unless separate money is charged for the said entertainment. It is stated that the said entertainment is only incidental to the serving of the foods to the customers. On behalf of the petitioner it was also stated that they had applied for licence on 21st October, 1995 but the said application was not considered nor replied to. The learned advocate for the petitioner agrees to make fresh application in that behalf though the contention raised in this petition is that separate licence under Section 2(9) of the Bombay Police Act is not required. It is desirable that the said application is considered by the authorities concerned.