RAMAN THAPA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In assailing the order of conviction passed by the learned J.M.F.C.Titilagarh in 2(a) CC No. 28/92 (Tr. No. 81/92) for the offence u/S.47(f) of the Bihar and Orissa Excise Act (in short, 'the Act') and the concurring findings of the learned Addl. Sessions Judge, Titilagarh in Crl.Appeal No. 16/1992, petitioner has preferred this Revision.

(2.) In substance, prosecution case is that, on 11-4-91 the S.I.of Excise, P.W.1, during the patrolling duty, on suspicion, raided the house of the petitioner and found him in possession of two earthen pots each containing 10 K.Gs. of fermented Mahua wash, one bamboo pipe used as an apparatus for distillation of liquor and emitting smell of liquor. He seized the said articles and apparatus in presence of D.W.2, A.S.I.of Excise and two independent witnesses of that village P.Ws. 3 and 4. During trial P.Ws. 3 and 4 did not support the prosecution relating to the search and recovery however they admitted their signature in the seizure list Ext. 1 F.R.1 stated in his evidence about the search and seizure of the aforesaid articles in accordance with law and following the procedures and also stated that from his long experience and training he could identify the seized article to be fermented Mahua wash kept for distillation of I.G.liquor.

(3.) Learned trial Court relied upon the evidence of P.W.1 and the corroborative evidence of P.W.2 and found the evidence of P.Ws. 3 and 4 not to be against the theory of search and seizure. However, he did not believe the P.Ws. 3 and 4 regarding their ignorance about the search and seizure and treated them as untruthful witnesses. Relying on the evidence of P.Ws. 1 and 2 he found the offence to have been proved against the petitioner and accordingly convicted him under S.47(f) of the Act and sentenced him to undergo imprisonment for six months and to pay a fine of Rs. 500/-, in default, to undergo imprisonment for one month more.