BHABANI SANKAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) :- The order of conviction of the petitioner under Section 34-A of the Police Act and sentence to undergo simple imprisonment for one month and to pay a fine of Rs. 200.00, in default, to undergo further simple imprisonment for 15 days passed by the Judicial Magistrate, First Class, Berhampur in U.C. No. 445 of 1995, which has been confirmed by the learned Second Addl. Sessions Judge, Berhampur in Criminal Appeal No. 235 of 1997 (Cr. A. 50/97-GDC), is impugned before this Court.

(2.) The prosecution case, bereft of unnecessary details, is that on 12-1-1995, at about 1.45 p.m., the S.I. of Police of Badabazar P.S., Berhampur along with Havildar B. Gouda raided the Shakti Cinema Hall campus before commencement of Matinee show and found that the petitioner was selling the balcony cinema tickets for the picture "Karan Arjun" at a price of Rs. 15.00 each against the actual price of Rs. 7.90 paise. The S.I. of Police, as alleged, seized 18 number of tickets from possession of the accused in presence of available witnesses, arrested and forwarded him to Court and submitted prosecution report. The plea of the accused-petitioner is complete denial.

(3.) To substantiate the case, the prosecution examined only 4 witnesses, of whom, P.Ws. 1 and 3 were independent witnesses, P.W. 2 was the Havildar and P.W. 4 was the S.I. of Police and exhibited the seizure list and 18 number of cinema tickets.