SUBASH CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against an order passed by the J.M.F.C., Purushottampur in 2{a) CC No. 244/1031 of 1986/92 on 2.2.95 and confirmed by the appellate Court in Crl. Appeal No. 36/77 of 1995 (GDC) on 3.1.96 convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo R.I. for a period of six months and to pay a fine of Rs. 500/ -, in default to undergo R.I. for a further period of one month.

(2.) THE case of the prosecution as narrated in the order of the trial Court is as follows : That on 13.9.86 around 7.30 A.M. the S.I. of Excise, Striking Force, Chatrapur (P.W. 4) searched the house of the petitioner in presence of independent witnesses, recovered and seized a plastic jerrycan containing 20 litres of I.D. liquor. On test by blue litmus paper and hydrometer and from the experience gathered by P.W. 4 he found the contents of the jerrycan to be I.D. liquor.

(3.) PETITIONER in his statement Under Section 313, Cr.P.C. has disowned the prosecution case and denied any knowledge with regard to recovery of I.D. liquor.