JUDGMENT - Dr. B.P. SARAF, J.:---The petitioner runs a restaurant at Bombay which is a "place of entertainment" within the meaning of Clause (10) of section 2 of the Bombay Police Act, 1951 ("the Act"). As required by the said Act and the rules made thereunder, the petitioner obtained the requisite licence from the Commissioner of Police to keep a place of public entertainment. As ancillary to his business of running the restaurant the petitioner also plays in his restaurant, orchestra, vocal music and songs. According to the authorities under the Bombay Police Act, the restaurants which play music are also required to obtain another licence for that purpose, as according to them, playing music in a place of public entertainment amounts to maintaining a place of public amusement. The petitioner was aggrieved by this stand of the respondent - police authorities. According to the petitioner, it did not maintain any place of public amusement but was playing orchestra, vocal music etc., in course of its business of maintaining a place of public entertainment for which it had already obtained a licence in accordance with the law. The case of the petitioner is that licence obtained by it

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