GIRIDHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 and sentenced to undergo one month's R.I. (as modified by the appellate Court) and to pay a fine of Rs. 500/ -.

(2.) THE trial Court as well as the appellate Court on the basis of the evidence of P. Ws. 1 and 2 has concurrently held that the Petitioner was in possession of seized I.M.F. liquor. The trying Magistrate sentenced the Petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ -. As already indicated, in appeal the sentence of six months' rigorous imprisonment was substituted by one month's rigorous imprisonment.

(3.) AT the time of admission of this revision this Court had issued notice of enhancement of sentence calling upon the Petitioner to show cause as to why the sentence shall not be enhanced.