AMBIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Ambika Prasad has obtained a rule from the High Court calling upon the respondents to show cause why, the order of the Superintendent of Excise dated the 6th July, 1959, imposing a composition fee of Rs. 100/- upon the petitioner in lieu of cancellation of licence, and the order of the Commissioner of Excise dated the 28th December, 1959, dismissing the appeal of the petitioner, and of the Board of Revenue dated the 4th June, 1960, dismissing a revision application of the petitioners, should not be set aside by the High Court by virtue of the authority granted under Article 227 of the Constitution.

(2.) Cause has been shown by the learned Government Pleader on behalf of the respondents to whom notice of the rule was ordered to be given

(3.) On the 6th May, 1959, the Superintendent of Excise, Gaya, visited the country spiritshop of the petitioner at Jehanabad and found that one of the bottles contained 18 ounces of country spirit instead of the prescribed quantity of 20 ounces. It was explained by the petitioner that the contents of the bottle had been partly drunk by an employee of the shop and so the quantity contained was less than the prescribed quantity. The explanation was rejected by the Superintendent of Excise who held the petitioner guilty of the charge of selling liquor in short measure and imposed a composition fee of Rs. 100/-under Section 68 of the Bihar and Orissa Excise Act in lieu of cancellation of the licence. The petitioner preferred an appeal against the order to the Collector of Gaya, but the appeal was dismissed. The petitioner took the matter in appeal again to the Commissioner of Excise, but on the 28th December, 1959, the Commissioner of Excise dismissed the appeal "for default' because the petitioner was absent. The petitioner thereafter made an application in revision to the Board of Revenue, but the application was dismissed on the 24th June, 1960.