ABHIMANYU SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner calls in question the confirming judgment passed by the learned 2nd Addl. Sessions Judge, Berhampur in Criminal Appeal No. 58 of 1995, wherein the learned Sessions Judge confirmed the conviction of the present petitioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915 and sentenced him to undergo S.I. for one month and to pay fine of Rs. 500/-.

(2.) It is alleged that on 30.08.1992 at 6.30 A.M., the S.I. of Excise, Gopalpur, along with his staff reached the house of the petitioner in presence of local independent witnesses. After observing all formalities, conducted search and recovered two bottles each containing 750 ml of I.D. liquor. Such liquor was tested by adopting blue litmus paper and hydrometer test. From his departmental experience and the result of such tests, the S.I. of Excise came to the conclusion that the seized bottles contained I.D. liquor. Accordingly, two bottles were seized and the excise officials submitted the prosecution report against the present petitioner under Section 47(a) of the Bihar and Orissa Excise Act.

(3.) The trial Court convicted the accused. Such conviction was upheld by learned Second Addl. Sessions Judge. Such confirming judgment has been challenged in this revision.