Writ Petn. No. 1639 of 1996. Case: Kana Nagu Mhatre Vs Assistant Commissioner of Police Panvel Division Navi Mumbai. High Court of Bombay (India)
| Case Number | Writ Petn. No. 1639 of 1996 |
| Counsel | For Petitioner: Smt. V. B. Thadani, Adv. and For Respondents: V. M. Parshurami, Adv. |
| Judges | B. N. Srikrishna, J. |
| Issue | Bombay Police Act (22 of 1951) - Section 33; Constitution of India - Articles 19(1)(g), 21, 226 |
| Citation | 1996 CriLJ 3144 |
| Judgement Date | Tuesday April 09, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
Rule returnable forthwith. Shri Parshurami, learned Assistant Government Pleader, waives service for the Respondents. By consent. Rule called out for hearing and heard.
The Petitioner is the owner of a restaurant run in the name and style of M/s. Hotel Gopika at Panvel in District Raigad. The Petitioner held licences for running an eating house under the Bombay Police Act, for serving liquor therein under the Bombay Prohibition Act and also for providing "entertainment" in the eating house.
The Petitioner was served with Show Cause Notice dated 16th January, 1996 in which it is alleged against him that there were at least 21 previous cases registered against him for different offences under the Prohibition Act during the period 18th May, 1994 to 11th September 1995, out of which 16 cases were pending in the Court and in 5 case, the accused concerned had pleaded guilty and were fined by the Court in various sums of money. It was further alleged that on 15th January, 1996 at 0010 hours, when the Minister for State for Home Affairs; Shri Prabhakarrao More, and his staff raided the hotel, they had noticed that lady waitresses and customers were doing "immoral and obscene acts" at the time of the raid. For this, a criminal complaint has been filed and an F.I.R. lodged under the applicable provisions of the criminal law. For these reasons, the Assistant Commissioner of Police, Panvel Division, called upon the Petitioner to show cause as to why his Eating House...
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