MINAKETAN MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure, the petitioner calls in question the legality of the judgment passed by the learned First Additional Sessions Judge, Puri, in Criminal Appeal No. 33/94 dismissing the said appeal and thereby confirming the order of conviction of the petitioner passed by the learned J.M.F.C., Ranpur in 2(a) C.C.No. 33/92 (Tr. No. 190/92) but modifying the sentence to R.I. for three months and to pay a fine of Rs. 200/ in default to S.I. for fifteen days.

(2.) BEREFT of unnecessary details, facts of the prosecution case are that on 11.1.1992 at 8 p.m. while the Sub Inspector of Excise, Ranpur accompanied by two constables, was performing patrol duty near Swapneswar temple he found the accused petitioner coming with a bladder containing I.D.liquor which he seized in presence of witnesses for having failed to produce any authority in support of such possession. On measurement the seized liquor came to 8 litres and on test by blue litmus paper and hydrometer its strength came to be 62 U.P. Ultimately PR. was submitted against the accused petitioner on completion of investigation.

(3.) THE prosecution, in order to substantiate the charge against the petitioner, examined three witnesses of whom P.Ws. 1 and 2 are two excise constables whereas P.W.3 is the Sub Inspector of Excise. On the other hand, the defence declined to adduce any evidence in support of its stand.