GAWA ADINARAYANA Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the appellate judgment of the Sessions Judge, ganjam-Nayagarh, dismissing the appeal of the petitioner and maintaining his conviction under Section 47 (a) of the Excise Act, read with Section 65 of that Act, and the sentence of three months' Rule I. and fine of Rs. 150/- passed by the magistrate, First Class, Khurda.

(2.) THE petitioner was prosecuted for being in unlawful possession of illicitly distilled liquor. The case was tried as a summons case and on being examined under Section 242, Cr. P. C. , he admitted the recovery of illicitly distilled liquor from his possession and pleaded guilty. In view of this plea no evidence was recorded and he was convicted and sentenced as stated above.

(3.) MR. J. K. Mohanty on behalf of the petitioner urged that an offence under Section 47 (a) and (f) of the Excise Act, read with Section 65 of that Act, was triable as a warrant case and that its trial as a summons case has highly prejudiced the petitioner.