Mumbai Court October 1940 Judgments

Emperor Vs. Kunverji Kavasji Kavarana

Court: Mumbai

Reported in: AIR1941Bom106; (1941)43BOMLR95

Wassoodew, J.1. This is an appeal by the Government of Bombay against the order of acquittal passed by the Sessions Judge of Surat in an appeal by the accused. The latter, who is a licensed vendor of country liquor, was convicted and sentenced to pay a fine of Rs. 200 under Section 45(c) of the Bombay Abkari Act (Bom. V of 1878) by the First Class City Magistrate of Surat for contravening a term of his license.2. It was alleged by the prosecution that the accused sold a quantity of country liquor outside the building or shop mentioned in the license to three different persons, according to the orders placed by each of them, between April 1 and June 11, 1938, in contravention of Clause (2) of the license. That clause provides as follows:--Under this license the license-holder will be entitled to keep or sell country liquor in the building or premises mentioned hereunder. .. .that is to say, in the building or premises known as... and situate on... Road and numbered as... and he will not...