SK. BARKAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS case has come before the Division Bench on a reference being made to it by the learned Chief Justice, who heard it in the first instance. The order of reference runs as follows:

(2.) THE facts giving rise to the aforesaid Misc. Case may now be briefly stated. The Petitioner was prosecuted for an Offence under Section 47(a) of the Bihar and Orissa Excise Act, 1915, being in illegal possession of 66.550 litres of outs till liquor in 121 bottles which were seized by the Excise staff on 20 -11 -1972.

(3.) THE answer to the first question does not create any difficulty at all. The sole prayer in Cr. Rev. No. 121/73 was to enhance the sentence awarded by the Magistrate. By order dated 13 -3 -1973 this Court passed the following order: