SRI KODANDA DEHURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has challenged the order passed by the learned Sessions Judge, Dhenkanal, upholding his conviction and sentence under Section 47(a) of the Bihar & Orissa Excise Act.

(2.) THE prosecution case in brief is that on 1.12.1979 P.W.3, an Assistant Sub -Inspector of Excise found the Petitioner in possession of 7 litres of I.D. liquor kept in two jarkins. He seized the same in the presence two independent witnesses (P.Ws. 1 and 2) and prepared a seizure list (Ext.1/2). He produced the Petitioner, as well as the seizure list (Ext.1/2) before P.W.4, Sub -Inspector of Excise who took up investigation and after completion thereat submitted the Prosecution Report.

(3.) LEARNED Sub -Divisional Judicial Magistrate believed the evidence or P.Ws. 3 and 4 and after recording conviction under Section 47(a) of the Bihar and Orissa Excise Act, sentenced the Petitioner to undergo rigorous imprisonment for one month and to pay a fine of Rs. 100/ - in default to undergo rigorous imprisonment for a further period of one month. The learned Sessions Judge upheld the aforesaid order.