KRISHNA CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner's appeal having been dismissed by the learned Sessions Judge, Sundargarh, this revision has been preferred challenging the judgment and order passed by the learned S.D.J.M., Sundargarh convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act (for short 'the Act') and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 500/ -, i.e., R.I. for one month.

(2.) THE prosecution was lodged against the petitioner on the allegation that on 5.10.1992 at about 6.15 P.M. S.I. of Excise P.W.3 along with his staff including Constable of Excise P.W.1 in presence of independent witnesses including P.W.2 searched the petitioner's house and recovered one plastic jerrycane containing 5 litres of C.S. liquor. P.W.3 tested the liquor by means of blue litmus paper and hydrometre and ascertained that the jerrycane contained C.S. liquor upon which seizure list Ext.1 was prepared. Petitioner took the plea of complete denial of the prosecution case.

(3.) LEARNED Counsel for the petitioner contends that as the only independent witnesses examined by the prosecution did not support the prosecution case, the learned Courts below could not have recorded an order of conviction solely on the basis of the evidence of two official witnesses. It is further contended that evidence adduced by the prosecution regarding subjecting seized liquid to test does not conclusively indicate that intoxicant was seized from the petitioner. It is also argued that there is no evidence that C.S. liquor was seized from exclusive and conscious possession of the petitioner.