STATE OF ORISSA Vs. NILKANTHA SAHU AND ANR.

JUDGEMENT

(1.) THIS is an appeal by the State against an order dated 5 -7 -1963 passed by the Sub -divisional Magistrate, Puri, acquitting the Respondents of offences under Section 47(a) of the Bihar and Orissa Excise Act and Section 9(a) of the Opium Act read with Section 3 of the Opium Laws Amendment Act of 1957.

(2.) THE two Respondents are brothers. The Sub -Inspector of Excise (p.w. 1) or receipt of information that the accused -Respondents had illegally stored huge quantity of Ganja and Opium in their house at Khadipara within the Sadar Police Station, Puri, obtained a search warrant (Ext. 1), and searched the house of the Respondents and seized a huge quantity of Ganja and Opium under seizure lists, 2 to 5 and 6. He thereafter submitted a prosecution report and the accused persons were duly summoned to stand their trial for offences above said.

(3.) IN support of the prosecution case three witnesses leave been examined including the Sub -Inspector of Excise, P.W. 1. The learned Magistrate was not satisfied with the state of evidence led by the prosecution and acquitted the accused persons. It is against this order of acquittal the State has filed the present appeal.