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Issues involved: Allegations of offences u/s 54(1)(a) and u/s 57(c) of Bihar and Orissa Excise Act 1915 against the Honorary Secretary of Bankipore Club for organizing a cabaret dance without proper permission.
Summary: Issue 1: Offence u/s 54(1)(a) - Employment of women in contravention of Section 25: The appellant, as the Honorary Secretary of Bankipore Club, was charged with offences u/s 54(1)(a) for employing women in contravention of Section 25 of the Bihar and Orissa Excise Act 1915. The complaint alleged that women were performing a cabaret dance without proper permission in the club premises. However, it was argued that the essential elements of the offence were not met as the complaint did not specify that the women were employed by the club or that liquor was being consumed by the public in the area where the cabaret was performed. The Court found that the complaint did not establish the offence u/s 54(1)(a) as the necessary ingredients were missing. Issue 2: Offence u/s 57(c) - Breach of licence conditions: The appellant was also charged with an offence u/s 57(c) for breaching the conditions of the club's licence by allowing the cabaret dance. However, the complaint failed to specify which condition of the licence was violated, and the State's counsel could not identify any such condition either. Consequently, the allegations in the complaint did not amount to an offence u/s 57(c) as the breach of licence conditions was not clearly outlined. Conclusion: The Court concluded that the allegations in the complaint did not constitute any offence u/s 54(1)(a) or u/s 57(c) of the Excise Act. Therefore, the Sub-Divisional Magistrate erred in taking cognizance of the case. The High Court's rejection of the appellant's application to quash the order was deemed incorrect. Consequently, the appeal was allowed, the High Court's order was set aside, and the proceedings against the appellant were quashed.
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