KASHINATH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sessions Judge, Balasore upholding the conviction of the petitioner under Section 47(a) of the Bihar and Orissa Excise Act (for short 'the Act), but reducing the sentence.

(2.) THE prosecution case in short is that on 23. 4. 1980 the officers of the Excise Department (P. Ws. 2 and 3) searched the house of the appellant in the presence of an Executive Magistrate (P. W. 1) and two other independent witnesses and seizsd 9 quintals and 15 K. Gs. of Mohua flower kept in 24 bags, as well as, some weighing implements by seizure -list (Ext. 1. Mohua flower being an intoxicating drug could not be possessed without a valid licence in excess of the permissible limit. There -fore, after investigation was over P, W. 3 submitted a prosecution report against the petitioner for contravention of Section 47(a)of the Act.

(3.) THE trial Court rejected the petitioner's contention and convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - in default to undergo simple imprisonment for three months The appellate Court while maintaining the conviction in a cryptic judgment reduced the sentence to rigorous imprisenment for six months and fine of Rs. 500/ - in default to undergo, rigorous imprisonment for three weeks more.