SANTOSH BANGOLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the judgment passed in Criminal Appeal No.51/4 of 1999 -2000 learned Additional Sessions Judge, Balangir while upholding the judgment and order of conviction of the petitioner under Section 47(f) of the Bihar and Orissa Excise Act, 1915 (for short 'the Act) by the learned S.D.J.M., Patnagarh in 2(a) C.C. No.75 of 1997, modified and reduced the sentence imposed to undergo R.I. for six months with a fine of Rs.500/ -, in default, to undergo R.I. for three months with a fine of Rs.500/ -, in default, to undergo R.I. for one month.

(2.) PROSECUTION was lodged against the petitioner on the allegation that on 16.7.1997 P.W.3 S.I. of Excise in presence of P.W.2 A.S.I. of Excise and P.W.1 an independent witness raided the house of the petitioner and recovered two earthen pots each containing ten liters of F.M. wash as well as one earthen pot, one earthen still pot, one bamboo pipe and an empty glass smelling liquor, which articles were seized under seizure list Ext.1.

(3.) IN order to substantiate the allegations, the prosecution examined above said three witnesses P.Ws. 1, 2 and 3 and relied upon seizure list Ext.1 only. Only one witness D.W.1 was examined on behalf of the defence. P.W.1, the independent witness, did not support the case of the prosecution and stated that no seizure was effected in his presence. Learned trial Court relying upon the evidence of P.Ws. 2 and 3 concluded that the prosecution has successfully established the allegations against the petitioner. Learned appellate Court upheld the finding.