SIMANCHAL CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment passed by the Courts below convicting and sentencing the petitioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915.

(2.) THE prosecution case in brief is that on 4.12.1994 at about 12.30 P.M., the Sub -Inspector of Excise (P.W.2) while on patrol duty conducted a search in a temporary thatched house at Khalasi Sahi, Berhampur, in presence of the independent witnesses, recovered and seized five litres of illicitly distilled liquor in plastic jerry -cane and two glass tumblers and arrested the petitioner. Subsequently, the Sub -Inspector of Excise tested the liquor by litmus paper test and also conducted test by the application of hydrometer to examine the density of the liquid seized and was confirmed that it was illicitly distilled liquor. Accordingly, a prosecution was lodged under Section 47(a) of the Bihar and Orissa Excise Act, 1915. The plea of defence was of total denial. Three witnesses have been examined from the side of the prosecution. Out of them, P.W.1 being an Excise Constable and P.W.3 being an independent witness, were examined as seizure witnesses. The Sub -Inspector of Excise has been examined as P.W.2.

(3.) MR . G.K. Mohanty, learned Addl. Government Advocate, on the contrary, while supporting the judgments passed by the Courts below, submitted that there is absolutely no reason to disbelieve the evidence of P.W. 1, Excise Constable who has proved the seizure. He further submitted that it is clear from the evidence of the Sub -Inspector of Excise, P.W.2 that the liquid seized was tested by him by both litmus paper test and by hydrometer and was found to be I.D. liquor and it is also clear from the evidence of P.W.2 that he has twenty years of departmental expertise in conducting the test to identify liquor and there is no reason to disbelieve the evidence adduced by the prosecution which proves beyond reasonable doubt that the petitioner is guilty of offence under Section 47(a) of the Bihar and Orissa Excise Act, 1915.