Bombay High Court
Ratan Soli Luth vs State Of Maharashtra And Ors on 20 December, 2017
Bench: Shantanu S. Kemkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO. 34840 OF 2017
Ratan Soli Luth,
Aed 47 years, Occu. Educationist,
R/o. Heshnur, Vrindawan Colony,
Off. Gangapur Road, Pipe Line Road,
Nashik 422 013 ... Petitioner
Versus
1. State of Maharashtra,
Mantralaya, Mumbai.
2. Pune Municipal Corporation,
through Municipal Commissioner,
near Mangala Theatre, Shivaji Nagar,
Pune 411 005.
3. Superintendent of Police,
Pune Rural, Office of Supdt. Of Police,
Opp. St. Joseph High School, Pashan,
Pune 411 043.
4. Commissioner of State Excise,
Old Custom House,
2nd Floor, Fort, Mumbai 400 001.
5. The Deputy Controller,
Legal Metrology Department,
Pune.
6. 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
Mr. P.K. Dhakephalkar, Sr. Advocate a/w Mr. Sharan Jagatiani i/by
DSK Legal for respondent no. 6.
Mr. A.B. Vagyani, Government Pleader with Mr. S.L. Babar, AGP with
Mr. G.R. Golatkar, AAGP for the respondent State.
Mr. R.M. Haridas a/w Mr.Anil Shitole, Mr. Samet Khair, Shriram
Choudhari for intervenor (Civil Application No. 129 of 2017).
Mr. V. Patil for Pune Municipal Corporation.
CORAM : SHANTANU KEMKAR &
R.G. KETKAR, JJ.
DECEMBER 20, 2017
ORAL JUDGMENT (Per Shantanu Kemkar,J.):
Parties through their counsel.
2. Heard.
3. Rule. Rule is made returnable forthwith by consent of the
parties. Matter is taken up for final hearing.
4. This petition in the nature of public interest litigation has been
filed seeking issuance of writ of mandamus directing respondent nos.
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 28th December, 2017 till 31st 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 6th respondent obtains all necessary permissions
before commencing the said music festival.
5. 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 6th 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.
6. The respondents have filed the reply. The 6th 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
28th to 31st 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.
7. 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:
(a) The Respondent No. 6 will issue Legal Drinking Age (LDA)
bands. The LDA bands are of three categories.
(i) Red Colour bands - Below 21 years of age (No alcohol will be
served)
(ii) Yellow Colour Bands - Above 21 years of age (Only Beer will
be served)
(iii) Green Colour Bands - Above 25 years of age (all alcohol
will be permitted).
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.
(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.
(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.
(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.
(e) The said LDA bands will also serve as age proof for sale of
cigarettes at the festival.
(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.
8. As regards security at the venue, it has been stated that t he
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:
(a) Apart from the Police personnel deployed at the Festival, the
Respondent No. 6 has employed total security Day & Night
manpower of.
Lady Guards - 51
QRT 15 teams of 4 Bouncers each
Disaster Management Team - 10
Drug squad 15
Sniffer Dogs - 3
There will be day and night security to reduce pilferage &
illegal activities.
(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.
a. Separate arisles will be created for entry/exit of women.
b. Covered frisking kiosks to ensure privacy.
c. Women bouncers will be deployed in front of stage of all
stages.
d. Lady volunteers and nurses will be present to take care of
women in need.
e. May I help you counters will be setup at First Aid Rooms,
particularly to cater to any problems faced by women.
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.
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.
Checkpoint 1 - Ticket check.
Holding Area - To hold crowd and form queue.
Checkpoint 2 - Frisking
Holding Area - To hold crowd and form queue
Checkpoint 3 - Turnsile check- To eliminate fake tickets and
fraudulent entries.
Once ticket passes through turnstile, category wise LDA band
to be placed on attendee's wrist.
(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.
(c) There will be 6 watch towers, all emergency and other exists
will be under CCTV coverage.
9. 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
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
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.
(b) Total Manpower of Zero Drug Tolerance Team; Bouncers - 12,
Supervisors - 3
(c) Thorough frisking to be conducted at Entry aisles.
(d) Loose cigarette packets, outside food and beverage, water
bottles etc. strictly not allowed.
(e) Sniffer dogs at each of the Entry aisles and also to be taken
on rounds of the venue through the day.
(f) Strong CCTV surveillance with a Supervisor at the control
room monitoring all suspicious activities.
(g) Any incidents of Use and Abuse of prohibited.
(h) There will be 150 Bullet cameras, 7 PTZ.
(i) There will be ambulances ready at the venue for emergencies.
(j) Respondent No. 6 has also tied up with nearby hospital for
emergency support, required if any.
10. The respondent State Government has filed affidavit in reply.
The relevant portion of the reply filed by the State reads thus :
"3. I respectfully submit that the Sunburn Musical
Festival 2017 is proposed to be held from 28 th December,
2017 till 31st 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.
(I) So far as the issues related to the Superintendent
of State Excise, Pune are concerned :
(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 31st 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 28th December, 2017 to 31st 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.
(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.
(II) So far as the issues related to the Food and
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Drugs Office, Pune are concerned :
(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.
CCTV Camera :
(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.
11. It has also been stated by the State Government in its reply that
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 6th 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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6th 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.
12. The State has further stated in paragraph 4 and 5 which read as
under :
"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 31st December, 2017.
5. 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."
13. During the course of the hearing, learned counsel for the 6th
respondent submitted that 6th 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 6th 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.
14. 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 6th 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 6th 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 6th 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.
15. With the aforesaid directions, Writ petition is disposed of. Rule
stands disposed of accordingly.
(R.G. KETKAR, J.) (SHANTANU S. KEMKAR, J.)
