ABHIMANYU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of an appellate order confirming the conviction and sentence of the petitioner in a prosecution under section 47(a) Bihar and Orissa Excise Act (for brevity, the Act) sentencing him to simple imprisonment of six months in addition to a fine of Rs. 50/- in default to a further simple imprisonment of ten days.

(2.) The prosecution, case is that the petitioner having been found in possession of two earthen pots each containing 3 litres of tan and one Katari for use, was seized from him on 23.4.1981 at 4 a.m. by the Excise Sub-Inspector, P. W. 1 where after the prosecution report was submitted against him.

(3.) The defence was of a complete denial.