SAINTA PUTANI Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition, in revision against a judgment of a First Class Magistrate of Bolangir convicting the Petitioner under Section 47(a) of the Bihar and Orissa Excise. Act and sentencing her to pay a fine of Rs. 40/ - (Rupees forty only). A revision petition was filed before the learned Sessions Judge who while refusing to make a reference to the High Court made some observations in favour of the Petitioner.

(2.) THE fads as found by the trial court are that on 10 -0.1958 an Excise S.I. (Mr. V.S. Patnaik)(p.w. 1) searched the house of the Petitioner in village Nuapara at about 1 p.m. and recovered from a room therein four earthen jars full of outstill liquor, one empty pot, one bottle of outstill liquor, and three empty bottles smelling of liquor. A seizure list was prepared in due course. But when the raiding Excise party proceeded with the seized articles they ware attacked by two of the accused persons, named Ramchandra Prasad and Bholanath Singh and the jars of liquor were said to have been broken and the liquor destroyed. Those two persons were also jointly tried with the Petitioner for the offence under Section 47(a) of the Bihar and Orissa Excise Act but were acquitted by the Magistrate but I understand that a separate case is pending against them for assaulting the Excise party.