JHULA SAHU Vs. STATE

JUDGEMENT

(1.) The revision is directed against the judgment and order dated 6 -2 -1987 of the learned Sessions Judge, Cuttack maintaining the conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act and the sentence of six months' R. I. and fine of Rs. 500/ - thereunder

(2.) BRIEFLY stated prosecution case is that on 2 3 -8 -1985 the petitioner was found to be in illegal possession of five litres o I. D. liquor contained in a plastic jar. He was detected by the patrol party consisting P. W. 2 the S. I. of Excise, Sadar -A, Cuttack and P. W. 1, the S. I. of Sadar Mobile, Cuttack. After conducting different tests, P. W. 2 found the substance in the custody of the petitioner to be I. D. liquor. Thereafter the Liquor was seized and prosecution submitted against the petitioner.

(3.) IN support of its case prosecution has examined three witnesses of whom P. Ws 1 and 2 are the officers of the Excise department who conducted raid and seized the contraband liquor from the possession of the petitioner, and P .W. 3 is a seizure witness. The learned Courts below relning on the evidence of P. Ws. 1 and 2 have accepted the prosecution case that the petitioner was in possession of the contraband liquor and found him guilty Under Section,47(a) of the Bihar and Orissa Excise Act, and convicted him thereunder. The learned Court below has repelled the various contentions raised before it on the question as to whether the substance seized was I.D. liquor or otherwise. Relying on the evidence of various tests conducted by P. W. 2 and having regard to his experience in the field, the learned Court below has accepted his evidence and came to hold that the substance seized was contraband I. D. liquor. On this finding he held that the petitioner was guilty of the offence Under Section 47(a) of the Bihar and Orissa Excise -Act, and maintained the conviction and sentence passed by the trial Court.