Owners of restaurants with bars have suffered a setback with the Karnataka High Court holding that the police, both under the Excise Act and the Police Act, have the power to enter bar and restaurants without warrant, and can undertake search and seizure operations.
Describing restaurants with bars as a “places of public entertainment”, Justice S. Abdul Nazeer, in his recent judgement, turned down the claim of the owners of restaurants with bars in Bangalore that it is only the Excise Commissioner or a Deputy Excise Commissioner or any Excise Officer not below the rank as may be prescribed alone can enter and inspect as per the provisions of the Karnataka Excise Act.
Interferance
Owners repeatedly complained that the Bangalore city police officers, though are not duly empowered under the Excise Act to enter and inspect restaurants with bars, were “in the guise of search, interfering in the business” of bar and restaurants.
However, the High Court, while dismissing a petition filed by a owner of bar and restaurant, pointed out that Section 66 of the Police Act authorises police officer to enter public places which the officer has reason to believe is used as a shop for sale of liquor or intoxicating drugs.
Referring to the Section 31-W of the Police Act, the High Court said that the Commissioner and the District Magistrate can order for licensing or controlling a place of public amusement or entertainment for preventing obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, and regulating means of entry and exit, and maintenance of public safety and prevention of disturbance.
Entertainment
The court held that restaurants with bars are a “places of public entertainment” where liquor along with refreshment or food for customers is provided, and thus the police have the authority to enter them.
Also, the High Court said that the police have the power to enter bar and restaurants under the Excise Act for various reasons. It could be to check illegal import, export or transport of intoxicants or to check whether license holder is making fit for human consumption any spirit, which has been denatured; to check adulteration by licensed vendor or manufacturer. And the police may enter bar and restaurants to check misconduct or violation of conditions like permitting drunkenness, disorderly conduct or gaming, allowing known prostitutes, habitual offenders to use the premises, selling liquor to minor children and the like.
