R.M.S. Khandeparkar, J.

1. 1. Heard the learned Advocates for the parties. Perused the records.

2. 2. The petitioner challenges the orders dated 1-9-2003 and 19-8-2002, passed by the authorities below under the provisions of the Bombay Police Act, 1951, hereinafter called as "the said Act". The first order was passed by the appellate authority while the latter by the Deputy Commissioner of Police. By the impugned orders, the licence issued to the petitioner for having amusement programmes at his hotel premises, namely M/s Hotel Topsy, situated at Rizvi Chambers, Hill Road, Bandra (W), Mumbai, has been suspended for a period of 30 continuous days. During the pendency of the hearing and disposal of this petition, pursuant to the issuance of rule, the execution of the said order was stayed.

3. The challenge to the impugned orders is on four grounds. Firstly, that the orders are contrary to the provisions of law

applicable to the facts of the case and reveal total non-application of mind to the facts and the law applicable thereto by both the authorities. Secondly, that there has been discrimination in the matter of imposition of penalty, inasmuch as that some of the similarl