The petitioners are running restaurant called "Blue Nile Restaurant" at Colaba, Mumbai. The raid was arranged on the restaurant in the night of 7-7-1999 where cabaret dance was going on and in the course of the dance, the girls were found exposing their private parts and, therefore, the prosecution was lodged. It is the case of the petitioners that the license was granted to them for cabaret dance and the performance was discontinued after the night of the raid. It was urged that prosecution cannot sustain under Section 294 of the Indian Penal Code as there was no annoyance caused to the others which is one of the main ingredients of the offence.
Reliance was placed on the
judgments of the Single Judges of this Court taking the view that cabaret dance
performance, exposing even private parts, would not amount to obscenity within
the meaning of Section 294 of Indian Penal Code. Reliance was
also placed on the license which was granted to the petitioners for cabaret
performances.
The Court held that, cabaret
dances where indecent and obscene act per se is involved, would not attract the
provision of Section 294 of the Indian Penal Code without
fullfilment of its essential ingredients i.e. Evidence pertaining to
"annoyance to others' and the
hotels like the one where cabaret dances are performed and entry is restricted
by purchase of the tickets, would still be the public places within the meaning
of Section
294 of the Indian
Penal Code.
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