SHYAMAGHAN SENAPATI, Vs. STATE

JUDGEMENT

(1.) THESE criminal revisions have been heard together as they involve common questions of law and fact and will be disposed of by this common judgment.

(2.) THE Petitioners and four others were found on 6th July, 1971 carrying each a bundle containing non -duty paid ganja at Umed Railway Bridge about three miles distant from Jeypore town. The Sub -Inspector of Excise seized the ganja and prepared eight seizure lists which were attested by witnesses. Separate prosecution reports were submitted and each case was separately tried by the Sub -divisional Magistrate of Jeypore who convicted the Petitioners under Section 47(a) of the Bihar and Orissa Excise Act, 1915 and sentenced each one of them to R.I. for four months. He acquitted the accused in the other four cases. On appeal, the learned Sessions Judge affirmed the conviction, but reduced the period of imprisonment to two months.

(3.) PROSECUTION examined four witnesses including the Excise S.I. and on a consideration of their evidence both the Courts below came to the concurrent finding that the Petitioners Shyamaghan Senapati, Gulak Tandia, Gangadhar Bagh and Banamali Harijan were in unlawful possession of 5 Kgs., 4 1/2 Kgs., 4 1/2 Kgs. and 9 1/2 Kgs. of non -duty paid Ganja respectively.