SUBODH SETHI Vs. STATE

JUDGEMENT

(1.) Petitioners assail their conviction u/S. 47, cls. (a) and (f) of the Bihar and Orissa Excise Act, 1915 (in short 'the Act') and sentence of six months' rigorous imprisonment and fine of Rs. 500/-, in default R.I. for two months in respect of each of the offences. The sentences were directed to run concurrently. The conviction and sentence is awarded by the learned Judicial Magistrate, First Class, Baripada were upheld in appeal by the learned Sessions Judge, Mayurbhanj, Baripada.

(2.) The accusation leading to the prosecution is that on 2-11-1982, P.W. 3, the Sub Inspector of Excise, Baripada (Mobile) while patrolling with his staff found that accused-petitioners distilling Illicit Distilled Liquor (in short I.D. Liquor) on the bank of Jambhira river. They found four drums each containing 40 Kgs. of molasses, mahua hot wash, four aluminium frying pans, four plastic pipes, one copper pipe and one kerosine tin used as receiver containing four litres of hot I.D. Liquor. They also found large number of empty drums. One plastic jar containing 30 litres of liquor and another containing 11 litres of I.D. Liquor were also found. All the articles were seized in presence of witnesses and a copy of the seizure list was given to the accused persons and their L.T.Is. were obtained on the seizure list in token of their having received copy thereof. Signatures of witnesses to the seizure were also obtained. As there was no immediate mode of transportation available to transport the various drums etc. only the plastic jars containing liquor were taken and the rest were kept in the custody of a person present. Prosecution report was filed. While four witnesses were examined on behalf of the prosecution, no witness was examined on behalf of the defence.

(3.) The plea of the accused persons petitioners was one of denial.