[V of 1909]
Meaning of Collector is Chief Officer-in-Charge of Revenue
Administration–Previous system in which the Collector was in charge of
administration of excise under the Bengal Excise Act No. V of 1909 had discontinued
after partition in 1947–”Collector” was later substituted by
“Deputy Controller of Narcotics and Liquor” who was responsible for
administration of Narcoties and Liquor with power to issue, suspend and cancel
Chandra Shah vs The Deputy Commissioner, Sunamganj & anr 41 DLR (AD) 60.
Section 26(1) –
In view of
sub–section (1) the District Magistrate cannot close down a shop for an
indefinite period or pass any order of such indefinite import, except in case
of preservation of public peace.
sub–section ( 1) above it is clear that the District Magistrate is authorised
to order closing down of a shop at such time or for such period as he may think
necessary for the preservation of the public peace. It is apparent that
maintenance of the public peace being of prime concern the local administration
has been vested with such a power. But in the nature of things and in view of
the provisions of sub–section ( 1) a District Magistrate cannot close down a
shop for an indefinite period or pass an order having such indefinite import.
The foundation of an order under sub–section (1) must, of course, be
preservation of the public peace.
Chandra Shah vs Deputy Commissioner 41 DLR (AD) 60.