RAKHAL CHANDRA SHAH Vs. DAMODAR SHAH

JUDGEMENT

(1.) This was a rule on the District Magistrate of the 24 Pergannahs to show cause why the order sanctioning the petitioner's prosecution should not be set aside on the ground that the statement in question was not necessarily a fake statement to the petitioner's knowledge.

(2.) It appears that one Damodar Shah built premises on land belonging to the petitioner and that the petitioner obtained a license to keep a liquor shop on the said premises. It has been found in some civil litigation between the petitioner, as a matter of fact, that Damodar Shah was virtually the owner of the premises and business and that Rakhal Chunder Shaha, the petitioner was to receive 2 annas share of the profits. The statement made by Rakhal, which is impugned, runs as follows: The country-spirits shop at No. 38, Beltollah Road, Bhowanipore, is exclusively owned by me and is my property.

(3.) In the Excise Rules a person to whom a license is granted is for bidden to sub-let his shop or transfer his license to any other person or to allow any person to sell liquor under his license.