ABDUL GAFFER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter referred to as the "Act") and has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ -, in default, to undergo rigorous imprisonment for a further period of two months for being in possession of twenty kilograms of Ganja in two gunny bags which was recovered from the car bearing registration number BRM 8413 on 23 -11 -1981 at 7.30 p.m. which was being driven by the Petitioner, by the learned Sub -Divisional Judicial Magistrate, Jharsuguda, and on appeal, the conviction and sentence have been upheld.

(2.) ACCORDING to the prosecution case, while the Petitioner was driving the vehicle in question, the excise officials intercepted the vehicle and recovered 20 Kgs. of Ganja kept in two gunny bags from inside the dicky of the vehicle and accordingly the Petitioner has committed the offence in question.

(3.) THREE witnesses were examined for the prosecution and one for the defence. On consideration of the prosecution evidence both the Courts below have come to the conclusion that 20 Kgs. of Ganja was recovered from the possession of the Petitioner on the date of occurrence and accordingly the Petitioner's conviction has been maintained by both the Courts below. Admittedly, the Petitioner had no licence to carry the Ganja in question.