STATE OF ORISSA Vs. HARI BEHERA

JUDGEMENT

(1.) THIS is a reference by learned Chief Judicial Magistrate, Puri (in short, 'CJM' Under Section 395 of the Code of Criminal Procedure. 1973 (in short, 'Cr PC).

(2.) THE background in which reference has been made is as follows :

(3.) BUT further question that remains is whether the view passed by the learned C.J. M. regarding validity of the action taken by learned J.M.F.C., Daspalla is correct. Position of law relating to submission of prosecution report under the Act by an official of the Excise Department has been indicated by the Apex Court in Raj Kumar Karwal v. Union of India and Ors., AIR 1991 SC 45.