Any person committing a breach of any of the conditions which, in accordance with section 37 of this Act, are included in a licence granted under the West Bengal Excise Act, 1909, or of any of the conditions subject to which a licence is given under section 39 of this Act, (Ben, Act V of 1906), shall, on summary conviction before a Magistrate, be liable to a fine not exceeding one hundred rupees; and such fine shall be recovered from the person licensed, notwithstanding that such breach may have been caused by the default or carelessness of the servant or other person in charge of the shop or place of sale.Any person so convicted shall also be liable to the forfeiture of his license, at the discretion of the Commissioner of Police, subject to the direction and control of the said State Government.
