BHARATA SAHU Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 22 -5 -1986 of the learned Sessions Judge, Ganjam -Berhampur, maintaining the conviction and sentence of the Petitioner for an offence under Section 47(a) of Bihar and Orissa Excise Act.

(2.) THE facts of the case briefly stated are that on 23 -3 -1985 at about 5.50 p. m. the Section 1 of Excise, P.W. 1, found the Petitioner selling I.D liquor near the village Chandipadar by the side of the road adjoining the village. He searched the Petitioner in presence of P.W. 2 and found from his possession a plastic jar containing five litres of I.D. liquor kept in a plastic bag along with a glass tumbler emitting smell of liquor. He conducted the litmus paper test and Hydrometer test over the liquid of the jar and found the liquid to be I.D. liquor. He, therefore, seized the said jar along with the bag and glass tumbler and prepared a seizure list, under Ext. 1 in presence of the witnesses and sealed the bag. P.R. was submitted against the Petitioner under Section 47(a) of Bihar and Orissa Excise Act for possession of contraband liquor.'

(3.) THE learned trial Court relying on the testimony of P.W. 1 accepted the prosecution case of seizure of I.D. liquor from the possession of the Petitioner and found him guilty of the offence under Section 47(a) of Bihar and Orissa Excise Act and convicted him thereunder and sentenced him to undergo S.I. for seven days and to pay a fine of Rs. 500/ - in default to undergo S.I. for one month. The learned Sessions Judge also relying on the testimony of the official witness, P.W. 1 and factum of seizure maintained the conviction and sentence of the Petitioner.