RAGHUNATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) CRIMINAL Revision No. 108 of 1995 is directed against the judgment and order of the learned Sessions Judge, Koraput Jeypore dated 23.11.1994 in Criminal Appeal No. 64/94 and Criminal Revision No. 61/96 is directed against the judgment and order of the learned Addl. Sessions Judge, Khurda in Criminal Appeal No. 139/122/27 of 1995/92 dated 5.2.96. The aforesaid Criminal Appeals have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.

(2.) IN Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is as follows : The petitioner was prosecuted under Section 47(a) & (f) of the Bihar and Orissa Excise Act in the Court of Judicial Magistrate, 1st Class, Kashipur at Rayagada. After completion of trial the learned Magistrate convicted the petitioner and sentenced him to undergo R.I. for 6 months and to pay a fine of Rs. 500/ in default to undergo further R.I. for one month on each count. Questioning the validity of the order of conviction passed by the learned Magistrate, the petitioner had moved before the learned Sessions Judge, Koraput Jeypore and the learned Sessions Judge by order dated 23.11.94 dismissed the appeal by modifying the sentence to undergo R.I. for one month on each count but the imposition of fine remained unaltered. It is stated in the judgment that on 20.12.1991 at about 2.00 P.M. the S.I. of Excise, Kasipur (P.W.3) conducted a search of the house of the petitioner situated at village Tikiri and recovered one jerricane containing five litres of illicit distilled liquor and two earthen pots each containing ten litres of hot Gur wash. The further case of the prosecution is that after observing all the formalities the S.I. of Excise (P.W.3) seized the contraband articles and took up investigation. After completion of investigation prosecution report was submitted against the present petitioner under Section 47(a) and (f) of the Bihar and Orissa Excise Act.

(3.) IN Criminal Revision No. 61 of 1996 the petitioner was prosecuted for commission of an offence under Section 47(a) and (f) of the Bihar and Orissa Excise Act, on the allegation that on 21.5.1991 the Sub Inspector of Excise Mobile Squad (P.W.4) had gone to village Gudum on patrol duty, he eventually searched the house of the petitioner after observing all formalities and found the petitioner in possession of 12 litres of fermented hot Gur wash kept in an Alluminium Dekchi (M.O.I.), 10 litres of I.D. liquor kept in a Plastic Jerricane and 40 numbers of earthen pots each containing 20 litres of fermented Gur wash. Such seizure was effected in presence of the witnesses and prosecution report was submitted against the petitioner. The petitioner has challenged the legality of the prosecution report on the ground that the seizure was not properly proved to be I.D. liquor by the Excise Sub Inspector (P.W.4), as he too did not have sufficient expertise knowledge to opine about the seized articles.