Judgment

BHAGWATI, J. - There is a club in Patna called Bankipore Club. The appellant is the Honorary Secretary of that club. It appears that at about 10.25 p.m. on 31 December 1975 when the New Year eve was being celebrated at the Club, a raid was carried out by the Assistant Commissioner of Excise, Inspector of Excise and Sub-Inspector (Excise) and it was found that two women and five men were singing and dancing in the club premises. The Excise Inspector filed a complaint against the appellant on 2nd January, 1976 charging him with having committed offences under S. 54 (1) (a) and S. 57 (c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we may set them out in extenso:

"A Cabaret dance with women was in progress at Bankipur Club, Patna. Two women and five men were singing and dancing. This dance was being performed inside the premises of the Bankipur Club, Patna before a large gathering of men and women. 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 form any other authority for organising the Cab