BISURNARAYAN BEHURA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Revision has been filed challenging an order dated 30th December, 1996 passed by the 2nd Addl. Sessions Judge, Puri in Criminal Appeal No. 36/119 of 1995/96 confirming an order of conviction and sentence dated 27-7-1994 passed by the J.M.F.C., Puri in 2(a) CC No. 536 of 1993. The petitioner has been convicted under Section 47(f) of the Bihar and Orissa Excise Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500.00, in default to undergo further simple imprisonment for one month.

(2.) Prosecution came up with a case that at about 10.30 a.m. on 13-10-1993 while the S.I. of Excise, Purl Sadar was patrolling at Balinolia Sahi (Upper Sahi) along with his staff, receiving reliable information about illicit distillation of liquor by the petitioner in his house, caught him red-handed while he was engaged in such illicit distillation of liquor using one aluminium Dekchi containing twenty litres of hot formented Gur-wash, one earthen pot having a hole at its bottom with a wooden cross, one small aluminium Dekchi containing two litres of hot I.D. liquor and another aluminium Dekchi containing hot water. It was stated that on examination of the liquid found in the aluminium Dekchi by litmus paper and also after conducting hydrometer test, the same was found to be I.D. liquor. After completion of investigation and on being satisfied that the petitioner had committed offences under Section 47(a) and (f) of the Bihar and Orissa Excise Act. prosecution was launched which was registered as 2(a) CC No. 536 of 1993 in the Court of the J.M.F.C., Purl. The defence took the plea of denial.

(3.) To prove its case, prosecution examined three witnesses and exhibited certain documents besides producing the material objects. The defence did not examine any witness.