BASUDEV PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, undaunted with the dismissal of his appeal in the Court of the Addl. Sessions Judge, Puri has filed this revision challenging the validity of his conviction and sentence of six months r.i. imposed under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act').

(2.) On 25-9-1995 the Sub-Inspector of Excise (PW-2) and the Excise Constable (PW-3) were on patrol duty at Nimapara bus-stand. At about 1 p.m. the bus bearing registration No. ORG 7672 bound for the new capital arrived at Nimapara bus-stand from which the petitioner got down with a cloth bag in his hand. The Excise officials suspecting that he was in possession of some contraband excise articles nabbed him and recovered 500 grams of non-duty paid bhang and 50 grams of non-duty paid ganja from the bag which he was carrying. As he failed to produce any document in support of possession of such articles, the Excise officials seized the same and placed him on trial on the allegation that he contravened the provision of Section 47(a) of the Act being in possession of non-duty paid bhang and ganja without licence.

(3.) The plea of the petitioner was one of denial.