STATE OF ORISSA Vs. RANGANATH RAMANUJA DAS

JUDGEMENT

(1.) THIS appeal by the Government is directed against the judgment" and order of the learned Sessions Judge, Puri, acquitting the Respondent of the charge under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter referred to as, the 'Act').

(2.) FACTS in brief are that the Appellant was the disciple (Chela) of the Mahant of Samadhi Math, Puri. On 15 -6 -1978 at about 10 a.m. search of the premises of the Math was conducted by the Sub -Inspector of Excise (P.W. 8) in the presence of other excise and police officers, such as, P.Ws. 5, 6 and 10. In one of the rooms of the Math which was under lock and key 83 K.Gs. of non -duty paid bhang kept in five bags were recovered and seized in the presence of witnesses. Thereafter prosecution report was submitted against the Respondent and three others out of whom the Mahant of the Math was one. But he was acquitted by the learned Judicial Magistrate. The rest three including the Respondent were convicted under Section 47(a) of the Act and were sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 2000/ -, in default to undergo further simple imprisonment for two months each.

(3.) THERE were in all ten prosecution witnesses out of whom, as already referred to above P.Ws. 5, 6, 8 and 10 were officers of the excise and the police departments. Out of the rest independent witnesses, P.Ws. 1, 2 and 7 did not support the prosecution. The evidence of the rest of the witnesses was found to be discrepant and unreliable. On a thorough scrutiny of their version the learned Sessions Judge recorded the following finding: