TIRTHA NAIK Vs. STATE

JUDGEMENT

(1.) Petitioner in this revision has assailed appellate order confirming his conviction u/S.47(a) of the Bihar and Orissa Excise Act (hereinafter referred to as 'the Act') and modified sentence.

(2.) Prosecution case is that at about 1-30 p.m. on 21-8-1983. P.W.4 the Sub-Inspector of Excise in course of his patrol duty detected the accused carrying a bag. On suspicion, he detained the accrued and on search of the bag, he recovered one rubber bladder containing 10 litres of I.D. liquor and one bottle containing O.375 mili-litre of I.D. liquor. Bag with bladder and bottle having I.D. liquor were seized from the accused whereupon prosecution report was submitted. Plea of accused in defence is one of complete denial.

(3.) At the trial, prosecution examined four witnesses, proved the seizure list and produced bag, rubber bladder and the bottle as material objects. Appreciating evidence on record, trial Court convicted the accused and sentenced him to simple imprisonment for 6 months and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for 15 days more. In appeal by the accused, appellate court confirmed the conviction and modified the sentence to three months rigorous imprisonment with fine of Rs.300/- in default of which for undergoing rigorous imprisonment for two weeks.