G MADHAB REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the confirming judgment passed by the learned Courts below convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for more six months.

(2.) The prosecution case, in 2(a) C.C. Case No. 15 of 2003 of the Court of learned J.M.F.C, Chhatrapur in which the petitioner stood trial, is that on 22.07.2002 at about 8.30 P.M., the S.I. of Excise, Chhatrapur (P.W.3) along with his staff while performing patrol duty at village-Gedalapalli, on suspicion searched the betel shop of the petitioner in presence of witnesses and recovered one plastic Jerican containing 10 litres of I.D, liquor. The S.I. of Excise subjected,the liquors to blue litmus paper and hydrometer tests and also smell test and by virtue of his specialised training and long experience in the department, he came to the conclusion that seized liquor was I.D. liquor and accordingly he seized the liquor and prepared a seizure list and served a copy of the same to the accused-petitioner and after completion of investigation submitted prosecution report under Section 47(a) of the Bihar and Orissa Excise Act.

(3.) On consideration of the prosecution evidence and by discarding the evidence adduced from the side of the defence the learned trial Court found the accused-petitioner guilty and accordingly convicted and sentenced him as aforesaid.