SRI. BANAMALI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has challenged the order passed by the learned Sessions Judge, Balasore, upholding the order of conviction and sentence imposed on him by the learned Sub -divisional Judicial Magistrate, Bhadrak.

(2.) THE fact of the case may be stated in brief. P.W. 1, a Sub -Inspector of Excise received information that the Petitioner was engaged in illicit distillation of country liquor near a Nala of village Nachhipur. Accompanied by P.W. 2, a constable, he arrived at the place on 18.13.1979 at about 6.45 a.m. and noticed from a distance that the Petitioner Was actually engaged in illicit distillation of country liquor. When he proceeded to the spot, the Petitioner fled away leaving behind the earthen vessels and fermented mahua flowers, which were seized by P.W. 1 by seizure list (Ext. 1). It was not possible for him to transport the earthern vessels and the fermented mahua flowers and so after keeping samples thereof in bottles, he destroyed the rest. After close of investigation, he submitted prosecution report against the Petitioner for an offence under Section 47(f) of the Bihar & Orissa Excise Act ('Act' for short). The plea of the Petitioner during trial was denial simpliciter.

(3.) LEARNED Counsel appearing for the Petitioner raised the following contentions: