RAMSIS PRASAD Vs. STATE

JUDGEMENT

(1.) The conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter to be referred to as 'the Act') and imposition of sentence on him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ -, in default, to undergo rigorous imprisonment for a further period of one month which are affirmed in appeal have been assailed in this revision,

(2.) PROSECUTION case, in short is that on 24 -11 -1981 at about 12.15 p. m. while the Sub -Inspector of Excise, Boudh (PW 3) was patrolling at Banisahi near Mahanadi river ghat of Boudh town, he found the petitioner carrying a cartoon. On suspicion he detained the petitioner and on opening the cartoon he found the same to have contained 18 sealed bottles of Diplomat whisky (MOs I to XVIII) and another 18 sealed bottles of Black -knight malt whisky (M. Os. XIX to XXXVI) Since the petitioner had no permit or licence for possession of such contraband articles, PW 3 seized them under the seizure list, Ext. 1 in presence of PWs 1, 2. 4 and 5. After completion of inquiry, prosecution report was submitted and the petitioner was put to trial.

(3.) AT the trial, five witnesses for the prosecution including PW 3 were examined. PW I and PW 5 are two constables. PW 2 is an outsider and PW 4 is the Excise Sub -Inspector. On a consideration of the evidence of these witnesses, the trial Court believed the prosecution case and convicted and sentenced the petitioner, as stated above. The said order of conviction and sentence having been confirmed by the Sessions Judge, Boudh in appeal, the present revision has been filed.