BABAJI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against judgment dated 28.10.1996 passed by learned Ist Additional Sessions Judge, Cuttack in Criminal Appeal No.131 of 1993 confirming the judgment and order dated 11.2.1993 passed by the learned J.M.F.C., Cuttack in 2(a)cc Case No.575 of 1989 convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo S.I. for six months and to pay fine of Rs.500/-, in default, to undergo S.I. for one month.

(2.) PROSECUTION case is that on 25.10.1989, P.Ws.1 and 2, who are Sub-Inspectors of Excise, conducted search of petitioner's house and recovered plastic jerrycan (M.O.I) containing 10 liters of I.D. liquor. P.W.2 took measurement and tested the liquor with blue litmus paper and hydrometer. Thereafter M.O.I was seized under seizure list Ext.1. Oncompletion of enquiry, prosecution report was submitted against thepetitioner. In order to substantiate the allegations, prosecution examinedtwo witnesses P.Ws.1 and 2 and also relied upon seizure list Ext.I only. Nodefence evidence was adduced.