Bombay HC discharges lounge bar owner, says no material evidence against Nirmal

According to the police, the petitioner is the owner of hotel Maya, run by Red Entertainment Service at Village Wagholi, Pune. On the intervening night of September 1 and 2, 2012, the police had raided the hotel premises and found around 300 boys and girls shouting and dancing in alleged drunken condition.

According to the FIR, though permit was given to sell the liquor in the name of one of the directors of Red Entertainment Services, but it was only upto 11 pm. The raid was conducted around midnight and therefore, and so offences under the relevant provisions of the Bombay Prohibition Act, 1942 and Maharashtra (Bombay) Police Act, 1951 were registered. The FIR was registered against seven persons, including Nirmal .

The petitioner’s lawyer Manoj M Gadkari told the court that immediately after the raid, the petitioner had terminated the contract with Red Entertainment & Services and the property was sold to a third party. He further argued that the petitioner was no way concerned with the breach of the terms of licence conditions.

However, the state counsel argued that the petitioner, being the owner of the premises, was supposed to have the knowledge of the activities that were going on in the premises.

Justice Bhatkar said: “… no material is placed before me to arrive at a conclusion that the petitioner/accused was responsible for breach of the conditions of the permit to run the pub and sell liquor. The record reveals that the accused nos. 1 to 4 (directors), who are licensee and actually running the pub were de-facto in possession of the suit premises and were having control over that premises on that night, I do not find any indirect participation in the offence by the petitioner.”