Sinha, J.

1. This is an application under Articles 226 and 227 of the Constitution of India for quashing the order passed by Mr. U.K. Ghose, Deputy Commissioner, Santhal Parganas, Dumka, on 28-10-1953,

2. The petitioner is a licensee of Sakri Gall Country Spirit Shop in the Santhal Paraganaa since August, 1952. The licence, which has been cancelled, was granted to him on 1-4-1953, for a period of one year and was to expire on 31-3-1954, the number of his licence is 119. On 4-6-1953 the Inspector of Excise, Sri Ramdeo Prasad Shahi, visited his shop along with one Jagarnath Singh, who, according to the petitioner, was his salesman but had been dismissed from service long time before.

According to the petitioner, one Rameshwar Prasad was his salesman during the licence year as mentioned in the license itself whereas, according to the Inspector of Excise, Jagarnath Singh was the agent and salesman of the petitioner. The Inspector found three bottles of country liquor with short measure and one bottle of weak liquor. He sealed all the four bottles, and took a receipt from the said Jagarnath Singh. He tested the liquor and found the strength to be 62.3 U. P. and 70.9 U. P., and a