1 3318.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3318 OF 2010 Sunny Kala, Krida And Sanskrutik Mandal ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.Haribhau Deshinge i/b Mr.Vijay Killedar for Petitioner. Mr.K.V.Saste, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 2, 2011. P.C. 1. Heard learned Counsel for the Petitioner and learned A.P.P. for the State. 2. The grievance in this Petition is about the undue pressure brought on the Petitioner to close down the Club in which the members of the Club gather to organize games and social activities. According to the local Police, however, invariably the members of the Club indulge in illegal activities; and that can be unravelled only if the Police were to conduct raid without notice to the Petitioner or its members. 2 3318.10 3. Counsel for the Petitioner, however, relies on the unreported decisions which are annexed to this Petition. In the first place, the orders relied upon by the Petitioner have been passed in the facts of the given case. Besides, in none of the orders which are pressed into service, the Court has taken the view that the Police are incompetent to conduct a raid. The purpose of conducting raid is to take the occupants of the premises in question by surprise to unearth the illegal activities carried on by them in the premises. If prior notice before raiding the premises is to be given by the local Police, the whole purpose of conducting raid to unravel the illegal activities will be frustrated. In law, the police have ample powers to raid the premises if there is suspicion about the illegal activities going on in the premises, subject to complying with the necessary formalities. 4. In that view of the matter, it is not possible to grant the blanket relief as claimed by the Petitioner in the present Petition. However, the only observation that can be made in favour of the Petitioner is that if the local Police is of the opinion that the premises are being continually used for illegal purpose and those activities of the Petitioner need to be permanently stopped, they shall have to give prior notice to the Petitioner regarding permanent closure of such activities. But, that does not create 3 3318.10 any impediment for the local Police to conduct raid to unravel the illegal activities performed in the said premises at a given point of time. 5. Petition is disposed of on the above terms. 6. We make it clear that this order is not an expression of opinion that the Petitioner or its members are in fact carrying on any illegal activities in the disputed premises. That is a matter to be ascertained by the local Police and will depend on the subjective satisfaction of the local Police before taking any action in that behalf. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)