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1952 Supreme(Cal) 12

SINHA
DEBENDRA BANDHU LAHIRI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.SEN, Nirmal Chandra Sen, S.S.MUKHERJEE, Smriti Kumar Roy Chaudhury

SINHA, J.

( 1 ) THIS is a Rule calling upon the respondents to show cause why the findings, judgments and orders complained of in the petition should not be set aside and/or brought up for correction or why the license of the petitioner should not be restored to him or why a Writ of, or in the. nature of, Mandamus and/or Certiorari should not issue restraining the respondents from giving effect to the orders complained of. An ad interim order was granted staying the operation of the order of cancellation of the license pending the hearing of this Rule.

( 2 ) THE facts shortly are as follows: The petitioner was the holder of a license in respect of a country spirit shop at Wasabari in the district of Jalpaiguri. On 12-2-1950, at about 6 p. m. Janab A. Matleb, Superintendent of Excise, Jalpaiguri, made a surprise inspection of the shop. The way in which the inspection was conducted is as follows: a trial purchaser by the name of Shawna Gariman was sent into the shop by the Superintendent to buy a bottle of country liquor which should contain 20 ozs. of 77. 5 U. P. country liquor, the prescribed price being Rs. 0-l4-6p. A sum of Rs. 0-7-6p. was payable for the bottle refundable if t


























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