SUDARSAN SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Revision Petitioner assails his conviction under Section 47(a) and (f) of Bihar and Orissa Excise Act, 1947 (hereinafter referred to as the "Act") in judgment dated 31.07.1995 passed by learned J.M.F.C, Cuttack in 2(a) C.C. No. 156 of 1995, which has been confirmed by the learned 1st Addl. Sessions Judge, Cuttack in Criminal Appeal No. 106 of 1995 as per his judgment dated 05.08.1996.

(2.) In short, fact of the case is that on 15.02.1995, S.I. of Excise seized two plastic Jerrycans, one containing twenty litres and another containing four litres of I.D. liquor from the bed room of the accused. Then he conducted blue litmus paper test and Sykes hydrometer test. From his departmental experience, he came to know that such liquid to be I.D. liquor and hence, he submitted prosecution report against the accused. The defence took the plea of denial.

(3.) Prosecution has examined three witnesses on its behalf, whereas defence has examined two witnesses.