Commissioner of Police, Bandra Division, Bombay.
P.W.1 Shri.Jadhav is the main witness in this case.
He has stated that accused was present in the
premises when he visited the same. The owner was
sitting at the counter and accepting money from the
customers. He has further stated that eatables were
being served in the hotel and customers were
present. However, his evidence is not specific as
to who was accepting the money, whether it was the
accused or some other person who was accepting the
money from the customers. Similarly, his evidence
does not specifically show as to how many customers
were there and what was the food being supplied to
the customers. He does not specify the names of
employees who were serving the food. The learned
Magistrate has observed that in order to constitute
the eating house, the prosecution is under
obligation to prove all these facts. The
prosecution should also prove the dealing of cash by
customers and accepting the cash by the accused. In
the present case, there is no reliable evidence on
record to show that the customers gave any amount to
the accused. So also P.W.3 Shri.Jadhav, who is the
complainant in the present case, has not stated in
his evidence as to what food was served in the hotel
and that customers had actually paid any amounts for
the meals. Looking to the evidence on record, the
