EMPEROR Vs. KUNVERJI KAVASJI KAVARANA

JUDGEMENT

(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 be entitled to keep or sell the same at any place except the aforesaid place. This building or premises is henceforth regarded as the place of license.

(3.) IT is unnecessary in the view we take of the legal position, which was not properly appreciated in the Courts below, to examine that evidence of the prosecution. The question is whether upon the allegation in the complaint the sale could be said to have been completed outside the place of license.