Kolkata Court September 1940 Judgments

Fakir Mahammad and anr. Vs. Emperor

Court: Kolkata

Reported in: AIR1941Cal246

ORDERRoxburgh, J.1. In these two cases the two accused have been convicted under Section 54 (b), Bengal Excise Act, 1909, for keeping a licensed premises open after hours. The proceedings arose out of searches by the police during which no excise officer was present. The matters were reported to the Collector of Excise who wrote to the Deputy Commissioner of Police, North District, on 24th November 1989, saying that he sanctioned the prosecution of the two accused and that he authorized an officer of the police department to investigate the cases and to submit a report to the Magistrate under Section 83 (b) of the said Act. The accused in each case have been fined Rs. 60. These rules have been issued on the ground that there has been no complaint or report by the Collector of Excise or any excise officer authorized by him as required by Section 83 (b), Excise Act, and. that therefore the police Magistrate who tried the cases had no jurisdiction to take cognizance of the offences and th...