(1.) THE Petitioner has been convicted under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to pay a fine of Rs. 200/ - in default to undergo S.I. for two months.
(2.) THE Petitioner was in possession of Tincture Zingiberis Mitis without a reliance for import and sale of foreign liquor. On the label of the bottles it was stated that the bottles contained 86 to 90% of alcohol v./V. Under Section 9 of the Bihar and Orissa Excise Act restriction is imposed on the import of intoxicants without the permission of the State Government. As the Petitioner had no such licence he was prosecuted. The Petitioner is a resident of Koraput and he imported the bottles from Andhra Pradesh. The defence of the Petitioner was that he imported the bottles from Andhra Pradesh as medicines and that the medicine did not contain alcohol as prohibited under the Act.
(3.) THE order of conviction and sentence is set aside and the revision is allowed. Fines, if paid be refunded.