S OBSARATHI REDDY Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional Sessions Judge, Berhampur affirming the order of conviction and sentence passed by the Judicial Magistrate First Class.

(2.) Briefly stated the facts of the case are that on 7-10-1992 at about 6 p.m. Sub-Inspector of Excise Bajant Kumar Sethi (P.W. 3) searched the betel shop of the accused situated near Ashoka Cinema Hall, asks in presence of independent witnesses and recovered one plastic jerrican containing 3 litres of I.D. liquor. The liquor was measured and tested by blue litmus paper which turned to red. On hydrometer test the strength of the liquor was found to be 510 U.P. The result of these tests together with his experience as on officer of the Department and in the background of his distillery training, the Sub-Inspector of Excise gathered that the seized liquor was nothing but I.D. liquor. He seized the jerrican containing liquor in presence of witnesses and prepared seizure list, a copy of which was handed over to the accused. Other formalities were also observed and on completion of enquiry, he submitted prosecution report against the accused which eventually led to his conviction under Section 47(a) of the Bihar and Orissa Excise Act. He was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default to undergo R.I. for one month.

(3.) The accused preferred appeal before the Sessions Court but become unsuccessful. Hence the accused has moved this Court in revision.