APPANNA Vs. STATE

JUDGEMENT

(1.) The petitioner (Ch. Appanna) has been convicted Under Section 47(a), Bihar and Orissa Excise Act, for having in possession and causing the sale of Government licensed liquor in a tati enclosure near the Jyoti Cinema in Berhampur town, and has been sentenced to pay a fine of Rs. 200, and in default to undergo simple imprisonment for two months.

(2.) Appanna is admittedly a license-holder for sale of the liquor in Shop no. 2 in Berhampur town.

(3.) The contentions that are raised in this case are (l) that even if he sold as alleged by the prosecution, at the tati enclosure, he cannot be held to have committed an offence inasmuch as there was nothing in license that it was eon fined to be availed of in any particular part of the town; (ii) that in view of Section 87 of the Act, initiation of the prosecution was bad in law inasmuch as cognisance had been taken on the complaint of the Excise Sub-Inspector who had not been authorised by the Collector within the meaning of the section; and (iii) in relation to sufficiency of the evidence adduced and its proper appreciation and due appraisement by the Courts below.