KHETRAMOHAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER Khetramohan Nayak was tried under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter called the Act) for being in possession of 14 liters of out still liquor (O. S. Liquor) on 6 -1 -1977 at about 8.45 A.M. by the road side of Uditnagar Kutchery road. He was tried before the Magistrate, 2nd Class, Uditnagar and was convicted under Section 47(a) of the Act and sentenced to undergo R.I. for 6 months and to pay a fine of Rs. 500/ -, in default to undergo R.I. for another one month. Against the aforesaid order of conviction and sentence, Petitioner preferred an appeal before the Additional Sessions Judge, Sundargarh which was also dismissed. Against that, the Petitioner has come up to this Court with the present revision.

(2.) IT is alleged by the prosecution that on 6.1 -1977 at about 8 45 A. M. the Sub -Inspector of Excise (P.W. 1) who was (in duty along with a constable (P.W. 3) found that the accused Petitioner was holding a bag and talking with a rickshaw puller (who has not been examined) in a suspicious manner. P.W. 1 detained the accused and made a search in presence of witnesses and on opening the bag, he found a rubber blander containing 14 litters of O.S. liquor which was seized in presence of P.W. 2, the rickshaw puller and another person. After completing investigation, he submitted prosecution report.

(3.) P .W. 1 is the Excise S.I. who has stated: