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1983 Supreme(Del) 1

S.B.WAD
BALDEV BAND – Appellant
Versus
UNION OF INDIA – Respondent


JUDGEMENT

1. These petitions are filed by the proprietors of bands who use trolleys fitted with loudspeakers for use in marriage processions and similar processions. The other petitioners are allegedly working on the said trolleys and they earn their livelihood on the same. The petition was filed on the basis of a news item published on 13-5-1982 and an announcement in T. V. and radio that the Police Commissioner has banned the movement of trolleys fitted with loudspeakers forming part of marriage processions with crooners singing film songs. It is claimed in the writ petition that after the said announcement on 16-5-1982 such a trolley fitted with loudspeaker belonging to 'Master Band' was seized by the Police. It is the contention of the petitioners that playing of music on the loudspeakers fitted on trolleys is done with the intention of 'relaxation and glamour' and has become a social and customary practice for marriage celebrations. It is then claimed that the trolleys are too small to cause any obstruction, inconvenience or nuisance to traffic on the roads. As far the legal submissions, it is contended that Sec. 28 (1) (b) of the Delhi Police Act. 1978, is ultra vires as it gi































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