RAMA CHANDRA MALLIK 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 by the learned J.M.S.C., Puri on 30.04.1998 in 2(a) C.C. No. 129 of 1994, which has been confirmed by the learned Sessions Judge, Puri in Criminal Appeal No. 3 of 1998 as per the judgment dated 22.09.2001.

(2.) In short, case of the prosecution is that on 26.02.1994, the S.I. of Excise, Puri Sadar searched the house of the accused situated at Sunapada (Hadiabandha) and recovered one plastic Jar containing four litres of I.D. liquor and six earthen pots, each containing 20 litres of fermented 'gurh' wash. The Excise Officer conducted blue litmus paper test and hydrometer test, seized the recovered articles, collected sample from the same and placed the prosecution report against the accused under Section 47(a) and (f) of the Bihar and Orissa Excise Act, 1947 (hereinafter referred to as the "Act"). In course of trial, the defence took the plea of denial.

(3.) Learned trial Court held that the prosecution has proved its case beyond reasonable doubt and therefore he convicted the petitioner for the offence under Section 47(a) and (f) of the Act and sentenced him to rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default to further undergo simple imprisonment for one month. Such conviction was challenged before the learned Sessions Judge, Puri in the aforesaid appeal, when the appeal was also dismissed. Such concurrent findings have been assailed in this Revision.