Amendment status not verified — confirm the current text below against the official source.
Transporting by a person under another man's license. - A who was a debarred per- son was found in possession of half a cake of opium which he was carrying on behalf of B to the latter's opium shop. When asked to account for his possession, he produced a transport license issued in the name of B who was a licensed vendor. In the conditions governing the sale of opium it was provided that "no person who has been debarred by the Collector from bidding at the sales of abkari or opium shops shall be employed in any capacity in connection with management or the working of shops or depots, licensed for the sale of liquor, opium or intoxicating drugs." Held that those words were sufficiently wide to cover the transport of opium from one shop to another in accordance with rules; and as the permit which the debarred person A had in his possession was not issued in his name, his conviction under Section 9(b) cannot be assailed. Held further that B committed a breach of condition 14 of his license by employing A as a servant to carry the opium from one shop to another, but as the rules stand, this was punishable only by cancellation or suspension of the license under R. 11 (b) or 21 of the Rules. B's conviction under Section 9(b) must be set aside.