Disposed

Ratan Soli Luth v. State of Maharashtra and Ors.

Bombay HC20 Dec 2017PIL/14/2018

Case brief

AI extract

What is this about?

In this PIL, the Court disposed of a petition seeking prohibition of alcohol, tobacco, and fireworks at the Sunburn Music Festival. The High Court directed State Authorities to condition permission on the deposit of outstanding stamp duty, strict age verification, zero drug tolerance, and deployment of sufficient security personnel.

What did the court decide?

Directing that if permission for the Festival is granted to the organizer, it is conditional upon deposit of outstanding stamp duty, adherence to age verification and zero drug tolerance norms, and de

Ratan Soli Luth Vs State of Maharashtra and Ors. — Consumer Protection | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION (ST) NO. 34840 OF 2017

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Ratan Soli Luth, Aed 47 years, Occu. Educationist, R/o. Heshnur, Vrindawan Colony, Off. Gangapur Road, Pipe Line Road, Nashik 422 013 … Petitioner

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Versus

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State of Maharashtra, Mantralaya, Mumbai.

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Pune Municipal Corporation, through Municipal Commissioner, near Mangala Theatre, Shivaji Nagar, Pune 411 005.

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Superintendent of Police, Pune Rural, Office of Supdt. Of Police, Opp. St. Joseph High School, Pashan, Pune 411 043.

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Commissioner of State Excise, Old Custom House, 2^nd Floor, Fort, Mumbai 400 001.

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The Deputy Controller, Legal Metrology Department, Pune.

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Percept Live Private Limited, A Company registered under Companies Act, 1956 having its registered office at P-2, Level 4, Raghuvanshi Estate, 11/12, S.B. Marg, Lower Parel (West), Mumbai 400 013. … Respondents

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Mr. P.J. Thorat for the petitioner

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Mr. P.K. Dhakephalkar, Sr. Advocate a/w Mr. Sharan Jagatiani i/by DSK Legal for respondent no. 6.

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Mr. A.B. Vagyani, Government Pleader with Mr. S.L. Babar, AGP with Mr. G.R. Golatkar, AAGP for the respondent State.

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Mr. R.M. Haridas a/w Mr.Anil Shitole, Mr. Samet Khair, Shriram Choudhari for intervenor (Civil Application No. 129 of 2017).

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Mr. V. Patil for Pune Municipal Corporation.

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CORAM : SHANTANU KEMKAR &

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R.G. KETKAR, JJ. DECEMBER 20, 2017

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ORAL JUDGMENT (Per Shantanu Kemkar,J.):

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Parties through their counsel.

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Heard.

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Rule. Rule is made returnable forthwith by consent of the parties. Matter is taken up for final hearing.

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This petition in the nature of public interest litigation has been filed seeking issuance of writ of mandamus directing respondent nos.

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1 to 5 to prohibit sale of alcohol, cigarettes and tobacco products at the venue of Sunburn Music Festival, 2017 which is proposed to be held from 28^th December, 2017 till 31^st December, 2017 at Oxford Golf Resort, Pune Bangalore Highway, Bavdhan, Pune. Further relief has been sought to direct respondent no.3 not to issue permission for the sale of alcohol at the said venue and to ensure that the eatables

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and drinking water is not sold by the 6^th respondent at the venue. The petitioner has also sought direction against respondent nos. 1 to 5 to ensure that the 6^th respondent obtains all necessary permissions before commencing the said music festival.

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During the course of the hearing, learned counsel for the petitioner made a specific statement that the petitioner is not against holding of the music festival but the only purpose of filing of the petition is that the 6^th respondent may not violate various provisions of law for holding of the said event as also to ensure the State Authorities should take steps so that the children below the permissible age for consumption of alcohol, smoke the cigarettes and chew tobacco products, may not do it.

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The respondents have filed the reply. The 6^th respondent in its reply affidavit has stated that the Respondent No. 6 has been successfully organizing the Sunburn festival since the year 2007. It is a one of its kind music festival which brings together various Indian and international music artists and provides one of a kind musical experience. It is one of Asia's larges music festivals. The Festival is an amalgamation of Music, Entertainment, Food and Shopping, and wsa ranked by CNN in 2009 as one of the Top 10 Festivals in world. The festival caters to a wide range of Indian and

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International audience and has promoted India as a prime dance festival destination to the world. The Festival has been extremely popular amongst the public and the Respondent No. 6 has been able to bring in India internationally acclaimed artists such as Afrojack, Armin van Buuren, Axwell & Ingrosso, Dimitri Vegas & Like Mike and KSHMR. It is stated that, in the present Festival also Respondent No. 6 has lined up 83 Indian and International Artists for performance at the Festival, International Artists such as Martin, Garrix, Afrojack are globally renowned and have performed in several countries. It is further stated that every year the Respondent No. 6 has conducted the festival with all the requisite permissions from various authorities and given the fact the festival is being organized year after year for almost 10 years, speaks volumes of its quality and success. It is also stated that Sunburn as a festival is known to attract large audience including foreigners, thereby promoting tourism in India. Respondent no. 6 understands that for the present Festival, people from more than 32 countries have booked tickets and at least 3000 foreigners will be visiting Pune for the Festival. It is further stated that apart from the musical events organized by Respondent No. 6 in which alcohol/cigarettes are offered for sale, to this Respondent's knowledge there are almost 25 other such events which have been

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held in Maharashtra alone in the year 2016-17 where alcohol and cigarettes were available for sale. A list of the such events is attached herewith as Exhibit 1. The Respondent no. 6 stated that till date, to the best of its knowledge, there are no violations alleged against this Respondent in relation to sale of liquor or cigarette in such music festivals organised by Respondent No. 6 since same is done by Respondent No. 6 after obtaining all requisite permissions in this regard. This Respondent further stated that it adheres to and observes requisite legal norms prescribed in relation to sale of the liquor and cigarettes. It is stated that for organizing Sunburn Festival in Maharashtra in 2016 the Respondent No. 6 had obtained all the requisite permissions from almost 13 plus departments/ authorities being, inter-alia, the Fire department, permission for engagement of foreign artists, license for sale of imported foreign liquors etc. Respondent craves leave to refer to and rely upon all such permissions obtained by Respondent No. 6 in relation to Sunburnn Festival organized by this Respondent in 2016 at Pune. It is further stated that it is absolutely false and incorrect contention of the Petitioner that Sunburn Festival 2016 was organized by this Respondent at Pune without obtaining all the necessary permissions and put the Petitioner to the strict proof thereof. It is further stated that during Sunburn 2016 festival

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organised by this Respondent at Pune, total 388 police personnel were deployed every day for 4 days for Sunburn festival held during 28^th to 31^st December, 2016. In relation to the total deployment done of 388 personnel for bandobast, Respondent No. 6 was charged and paid to the Government of Maharashtra sum of Rs. 43,58,536/-. Out of the 240 personnel deployed at the festival site 120 were deployed inside the festival site 120 were deployed inside the festival venue, 40 at gates and rest for traffic control, periphery watch. Respondent No.6 states that similarly for organizing Sunburn festival at Pune during December, 2017 requisite number of security personnel's will be deployed by this Respondent to ensure safety and security. Hereto annexed and marked as Exhibit 2 is a copy of the DD of payment made towards Police Bandobast charges. It is also stated that respondent No. 6 has for the Sunburn 2016 festival alone, paid an advance towards Entertainment tax of Rs. 77,51,662/- and Excise Duty of Rs. 9,63,200/-. I say that till date there has been no demand from the concerned tax departments with respect to any outstanding statutory dues for the said event.

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As regards the precautions, Respondent No. 6 stated that it has applied for permission for sale of liquor at the said festival and the Respondent No. 6 is law abiding citizen and is mindful of all

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the necessary precautions that need to be taken for ensuring that no alcohol or cigarette is sold to an underage individual and Respondent No. 6 has taken all the precautionary measures in this regard. Some of the precautions which will be taken by Respondent No. 6 are stated as under:

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(a) The Respondent No. 6 will issue Legal Drinking Age (LDA) bands. The LDA bands are of three categories.

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(i) Red Colour bands – Below 21 years of age (No alcohol will be served)

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(ii) Yellow Colour Bands – Above 21 years of age (Only Beer will be served)

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(iii) Green Colour Bands – Above 25 years of age (all alcohol will be permitted).

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After following due process of verification of age of an individual, the LDA will be issued by this Respondent from a separate counter before the main entry arises. At the LDA counter, every attendee's age proof will be checked and validated by a government ID card viz. Aadhar Card, Pan Card, Driving License, Passport etc. Upon validation, the correct LDS band will be provided as per the above 3 categories. Entry is not provided without an LDA band and persons trying to enter the venue without an LDA band will

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be stopped by the security deployed by the Respondent No. 6 and will be directed towards the LDA counter for collecting a band.

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(b) Further, at the counter where the liquor will be sold will also check the colour of the LDA band before selling an alcohol. Security persons will also be deployed by the Respondent No. 6 at the counters to oversee that liquor is sold only to eligible persons. Like last year, Respondent will also request police personnel to remain present at respective police personnel to remain present at respective bar counters for enforcement of above. Further all bars at venue will be under CCTV coverage.

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(c) Respondent No. 6 has specifically for the said Festival contracted a security agency which will oversee the security in addition to the Police which will be present at the event.

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(d) Further, Book my show website, where the tickets for the Festival are being sold specifies that Alcohol will be served to guests above the legal drinking age and on display of valid age proof and that LDA bands will be provided at the venue on proof of age.

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(e) The said LDA bands will also serve as age proof for sale of cigarettes at the festival.

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(f) No cigarette or liquor will be sold to anyone who does not carry

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appropriate LDA band issued by this Respondent.

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As regards security at the venue, it has been stated that the Respondent No. 6 has taken several security and safety measures keeping in mind the size of the music festival and the anticipated number of attendees which are as follows:

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(a) Apart from the Police personnel deployed at the Festival, the Respondent No. 6 has employed total security Day & Night manpower of.

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Supervisors - 90 Guards - 260 Bouncers - 326 Lady Guards - 51

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QRT 15 teams of 4 Bouncers each

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Disaster Management Team – 10

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Drug squad 15

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Sniffer Dogs – 3

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There will be day and night security to reduce pilferage & illegal activities.

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(b) Since the Festival is near hill area, Respondent No. 6 will have a 10 ft. Height Tin Barricade around the hill area. Security will be deployed to make sure no one comes near the periphery area. There will be sufficient lighting inside and outside to highlight

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periphery area.

There will special arrangement for the safety of women.

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a. Separate arisles will be created for entry/exit of women.

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b. Covered frisking kiosks to ensure privacy.

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c. Women bouncers will be deployed in front of stage of all stages.

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d. Lady volunteers and nurses will be present to take care of women in need.

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e. May I help you counters will be setup at First Aid Rooms, particularly to cater to any problems faced by women.

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Arrangements have also been made for Disaster Management. A special Disaster Management Team (DMT) of 15 professionals will be deployed. All members of the DMT will be divided into different critical zones of the festival and are meant to keep a look out for potentially serious incidents. 15 Different Quick Response Teams (QRT) consisting of 3 bouncers and 1 supervisor will be positioned around venue. For any untoward incidents that require additional security – the DMT will call in the QRT and they will try to immediately resolve the situation.

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This year, owing to the decision to incorporate Turnstiles into the Entry process, the Main Entry Gate will have three checkpoints.

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(a) First Check Point – to ensure only authorized person enter.

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Checkpoint 1 – Ticket check.

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Holding Area – To hold crowd and form queue.

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Checkpoint 2 – Frisking

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Holding Area – To hold crowd and form queue

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Checkpoint 3 – Turnsile check- To eliminate fake tickets and fraudulent entries.

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Once ticket passes through turnstile, category wise LDA band to be placed on attendee's wrist.

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(b) Through frisking will be conducted at the main entry point with separate enclosure for frisking women. All food and beverage vehicles to be thoroughly checked, vehicles allowed only till 11 am. All crew bags to be checked at frisking points. Sniffer dogs will be present at Main entry aisles for identifying illegal substances. Security would be heavy and entries would also be under good CCTV coverage to identify pilferage.

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In regard to ensure that there is no consumption or use of drugs, the respondent no. 6 has stated that Respondent No. 6 has a strict zero drug tolerance policy and several measure have been

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taken to ensure that there is no drug abuse in the Festival.

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(a) In addition to the manpower deployed for securing the

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various zones within the venue, a zero drug tolerance team to be present with the sole purpose of searching the venue and curbing drug use and abuse.

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(b) Total Manpower of Zero Drug Tolerance Team; Bouncers – 12, Supervisors – 3

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(d) Loose cigarette packets, outside food and beverage, water bottles etc. strictly not allowed.

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(e) Sniffer dogs at each of the Entry aisles and also to be taken on rounds of the venue through the day.

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(f) Strong CCTV surveillance with a Supervisor at the control room monitoring all suspicious activities.

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(g) Any incidents of Use and Abuse of prohibited.

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(h) There will be 150 Bullet cameras, 7 PTZ.

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(i) There will be ambulances ready at the venue for emergencies.

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(j) Respondent No. 6 has also tied up with nearby hospital for

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emergency support, required if any.

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The respondent State Government has filed affidavit in reply.

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The relevant portion of the reply filed by the State reads thus :

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“3. I respectfully submit that the Sunburn Musical Festival 2017 is proposed to be held from 28^th December, 2017 till 31^st December, 2017 at Oxford Golf Resort, Pune

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Bangalore Highway, Bavdhan, Pune. The event holders i.e. the Respondent no. 6 has submitted applications before the various State Authorities, such as the Office of the Collector, Pune, the Office of Commissioner of Police, Pune, the Office of Superintendent of State Excise, Pune, the Office of the Joint Commissioner of Food Drugs, Pune Region, Pune for seeking necessary permissions/approvals/licenses. I say and submit that all these applications are pending before the various State authorities and are under process.

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(I) So far as the issues related to the Superintendent of State Excise, Pune are concerned :

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(i) I respectfully submit that the Respondent no. 6 has made an application to the Office of the Superintendent of Ste Excise, Pune for seeking license for sale of liquor at the counters at the event for period from 28^th December, 2017 to 31^st December, 2017. The organizers have to seek permission and license for sale of liquor for public consumption at the counters at the event. I respectfully submit that the Office of the Superintendent of State Excise, Pune has conducted inspection of the location, where the event is to be held. The report accordingly has been submitted by the concerned Officer who has inspected to the said site. In the said report, it has been stated that the place of the event i.e. Oxford Golf Resort, Pune Bangalore Highway, Bavdhan, Pune is in the outskirt of Pune city and in the vicinity of the said location (Resort) within 500 mtrs, there is no school, college and/or religious structures. I respectfully submit that the Office of the Superintendent of State Excise has informed the Office of the Collector, Pune that they would deploy the adequate number of staff/official at the event from the period 28^th December, 2017 to 31^st December, 2017 and the said Officials would keep vigil over the sale of alcohol at the sale counters at the event, to ensure that the alcohol is not sold/served to the persons below the age of 21 years. I respectfully submit that for the assistance of the State Excise Official, the Police personnel will also be present at the event and they will also assist the official of

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the State Excise to ensure that alcohol is not sold/served to the person below the age of 21 years at the event. I respectfully submit that the organizers of the event have informed that at the entry point of the event and at the event, the event holders will deploy their staff to check and verify the tickets as well identity cards of the persons to verify the age of person. I respectfully submit that the organizers of the event have informed that at the entry point of the event, after verification of the tickets and identity cards of the persons, they will issue colourful wristbands to the bearer of the ticket. For the person below the age of 21 years, the event holders will issue red colour band, the person above the age of 21 years, the event holders issue yellow colour band and the persons above the age of 25 years, the event holders will issue green colour band. Every persons attending the event will wear respective colour band on their wrist issued by the event holders and accordingly they will enter within the premises where the music event would be held. At the entry point itself, the Police personnels will personally verify the colour of that wrist band worn by the person on their wrist and also verify the identity card of such person to verify the age of the person. I respectfully submit that once the person enters at the event, the person has to keep such colour band wearing on his wrist in the event till he leaves the event.

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(ii) I submit that at the site of the musical event, the police personnels as well as the officers/staff of the Office of the State Excise will also keep vigil on the sale of alcohol at the sale counters to ensure that alcohol is not sold/served to the persons below the age of 21 years. I submit that the Police Official as well as the Officers of the State Excise will also be moving around the sale counters as well as within the other areas, where the musical performance event will be held, to ensure that alcohol is not sold and served to the persons below the age of 21 years. I respectfully submit that if it is found that alcohol is served to the person below the age of 21 years, then appropriate action would be taken against the concern in accordance with law.

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(II) So far as the issues related to the Food and

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Drugs Office, Pune are concerned :

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(i) I respectfully submit that the Officials of the Food and Drugs Department will also be deployed at the event to ensure that hygienic food is served to the persons at the Food stalls and cigarette and tobacco products are not served to the persons below the age of 21 years. I respectfully submit that if it is found that cigarettes and tobacco products are served to the persons below the age of 21 years, then appropriate action would be taken against the concern under the provisions of Cigarettes and other Tobacco Products (Prohibition of and Commerce, Production, Advertisement and Regulation of Trade Supply and Distribution) Act, 2003.

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CCTV Camera :

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(i) I submit that in addition to the Officers being deployed at the entry point as well as within the premises where the event would be held, the event holders will be asked to install CCTV camera at the entry point as well as within the premises, where events will be held, as well as at the sale counter of alcohol, tobacco and cigarettes. The event holders will be asked to submit CCTV recordings of the entire day/session on the next day for scrutiny of the authorities. I respectfully submit that if during the scrutiny of such recording, if it is found that alcohol, cigarettes, tobacco products are sold to the persons below the age of 21 years, then appropriate action in accordance with law would be taken against the concern and licences and/or permissions issued to the event holders would be forthwith withdrawn/cancelled for the next date.

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11. It has also been stated by the State Government in its reply that

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in the year 2016, the similar event was organized at Pune. In regard to the said event, there are arrears of stamp duty of Rs.42,79,585/against which 6^th respondent had filed Writ Petition No. 2702 of 2017 before this Court. However, there is no interim order in favour of the

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6^th respondent. It has also been stated that in respect to the last year's event, stamp duty cannot be determined as the 6^th respondent/organizer has not yet submitted their last year's agreement executed with the caterers, performers, artists or with Book My Show Company.

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The State has further stated in paragraph 4 and 5 which read as under :

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“4. I respectfully submit that the State authorities would take all adequate precautionary measures to ensure that there is no sale and service of alcohol, cigarette and tobacco products to the persons below the age of 21 years in the event during the period from 28^th December, 2017 to 31^st December, 2017.

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I say that the State authorities will issue permissions/No Objections to the organizers for conducting such event for the year 2017 subject to the Respondent no. 6 i.e. event organizer deposit/pay the outstanding payment of the stamp duty of Rs.42,79,585/as penalty pending for the year 2016 and deposit/pay the taxes, charges stamp duty, payable for the various agreements to be executed by the organizers for the year 2017, as stated above and subject to the organizers submit undertaking to the concerned State Authorities stating that the organizers will abide by and follow all the Rules, Regulations and terms and conditions as imposed for conducting the “Sunburn Music Festival 2017.”

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During the course of the hearing, learned counsel for the 6^th respondent submitted that 6^th respondent will deposit the said amount of stamp duty to the extent of Rs.42,79,585/- which will be

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without prejudice to the rights and contentions of the 6^th respondent raised in the said Writ Petition No.2702 of 2017. It has also been stated that the 6^th respondent shall provide all necessary details regarding caterers, performers, artists and Book My Show Company in respect to 2016 event to the State Government within one week from today.

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Having considered the averments made in the petition and replies as also the submissions made by the learned counsel for the parties, in our considered view, it would be appropriate to dispose of this petition by directing the State Authorities that in case they are inclined to grant permission to 6^th respondent for organizing the said event, during the period as aforesaid, they shall ensure that the 6^th respondent deposits the outstanding amount of Rs.42,79,585/- which the 6^th respondent is at liberty to deposit subject to his rights and contentions raised in the Writ Petition No.2702 of 2017. We also record the statement made on behalf of the 6^th respondent that they shall provide all necessary information in respect of the agreement of the year 2016 executed by them with the caterers, performers and artists as also with the Book My Show Company within a week to the respondent State. The State in case grants permission, shall ensure that there shall not be any violation of rules regarding serving of

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liquor, cigarettes and tobacco. The respondent State as also 6^th respondent shall also ensure Zero Drug Tolerance as stated by the 6^th respondent in paragraph 21 of their reply. We also direct the State Authorities that in case the permission is granted, needless to say, the same shall be subject to compliance of all the necessary mandatory requirements for grant of such permission, the State Authorities shall ensure deployment of sufficient number of Police and Excise Department Officials so that the conditions of the permission will not be violated and immediate steps if any violation is found, can be taken. We also observe that in case the State Authorities decide to grant permission, they shall make it conditional as per the condition mentioned in the communication dated 19.12.2017 addressed by the Deputy Commissioner of Police, Pune City to the Collector Pune. We also observe that the statement made by the 6^th respondent in their reply affidavit, if violated, the same will be viewed seriously.

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With the aforesaid directions, Writ petition is disposed of. Rule stands disposed of accordingly.

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(R.G. KETKAR, J.)

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(SHANTANU S. KEMKAR, J.)

Ratan Soli Luth v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ratan Soli Luth v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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