These allegations according to the appellant did number company stitute any offence and hence the appellant filed an appli cation in the High Court of Patna under Section 482 of the Code of Criminal Procedure for quashing the order passed by the Sub Divisional Magistrate, Patna taking companynizance of the offences charged against the appellant.
I asked Dr. Sharda Prasad Singh, Honorary Secretary and his Manager Sri Banke Bihari Prasad Sinha to show the permission obtained from the District Magistrate or from any other authori ty for organising the Cabaret dance because licence vending Off foreign liquor is given to Bankipore Club in form 2.
The validity period of licence is from 1 4 75 to 31 3 1976 and under Section 25 2 , companyducting of Cabaret dances without obtaining the prior permission from any proper authority is ille gal.
The High Court by an order dated 4th February, 1976 summarily rejected the application.
offence.
This led to the filing of the present appeal with special leave obtained from this Court.
Dr. Sharda Prasad Singh who is Honorary Secretary of Patna Bankipore Club did number show any permission of the District Magis trate or of any other authority for companyducting the Cabaret and he said that he had number ob tained any such permission.
Appeal by Special Leave from the Judgment and Order dated 4 2 1976 of the Patna High Court in Crl.
203 1976.
The Excise Inspector filed a companyplaint against the appellant on 2nd January, 1976 charg ing him with having companymitted offences under Section 54 1 a and Section 57 c of the Bihar and Orissa Excise Act 1915.
The allegations on the basis of which the companyplaint was filed are material and we may set them out in extenso A Cabaret dance with women was in progress at Banki pore Club, Patna.
Therefore, Dr. Sharda Prasad Singh, Honorary Secretary is guilty of the aforesaid.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Peti tion No.
N. Jha and U.P. Singh, for the respondent.
441/76.
Two women and five men were singing and dancing.
This dance was being performed inside the premises of the Bankipore Club, Patna before a large gather ing of men and women.
The appellant is the Honorary Secretary of that Club.
The Judgment of the Court was delivered by BHAGWATI, J. There is a club in Patna called Bankipore Club.
B. Sinha and Pramod Swarup, for the appellant.
It appears that at about 10.25 p.m. on 31st December, 1975 when the New Year eve was being celebrated at the Club, a raid was carried out by the Assistant Commissioner of Ex cise, Inspector of Excise and SubInspector Excise and it was found that two women and five men were singing and dancing in the club premises.
It is therefore, prayed that Dr. Sharda Prasad Singh, Honorary Secretary be prosecuted in a Court of law for violating Section 54 a and Section 57 c of the Excise Act for which I have been authorised to submit charge sheet to him by the District Magistrate, Patna.
The appellant thereupon preferred an application to the High Court for leave to appeal to this Court, but this application was also rejected by the High Court on the ground that the allegations set out in the companyplaint made out a prima facie case against the appellant.
