BHAJANA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner was tried for an offence under Section 47(a) of the Bihar and Orissa Excise Act, hereinafter referred to as 'the Act' by the Additional Chief Judicial Magistrate, Berhampur in 2(8) C. C. Case No. 214 of 1981 and was sentenced to undergo R. I. for six months and to pay a fine of Rs. 500/ -, in default, to suffer R. I. for one month more which has been contempt by the appellate court.

(2.) THE case of the prosecution is that on 25 -6 -1981 while the A. S. I. of Excise (P.W. 3) along with the Excise constable (P.W. 1) word performing patrol duty at Jhadankbuli junction, they found the Petitioner coming on a cycle carrying a plastic jar. Suspecting that the Petitioner was carrying I. D. liquor, they detained him and tested the plastic container. On test by litmus which turned to red and by smell they were of the opinion that the liquid which was being, carried in the plastic jar was I. D. liquor. P.W. 3, the A. S. I. of Excise seized the container along with the liquid under seizure list (Ext. 1) and produced the Petitioner along with the seized I. D. liquor before P.W. 4, the S. I. of Excise. P.W. 4 conducted the hydrometer test and the litmus paper and by his own experience was of the opinion that the liquid which was seized from the' Petitioner as I.D. liquor. After investigation, prosecution report was submitted under Section 47(a) of the Bihar and Orissa Excise Act and the Petitioner was tried for the above offence.

(3.) THE prosecution examined four witnesses to bring home the charge against the accused. P.W. 3 is the A.S.I. of, Excise who was doing patrol duty along with P.W. 1, the Excise constable; P.W. 2 is the only independent witness and P.W. 4 is the S. I. of Excise who submitted the prosecution report.