SUBASH CHANDRA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is preferred against the judgment of the learned Additional Sessions Judge: Jeypore in Criminal Appeal No. 22 of 1985, confirming the judgment of the learned Sub -divisional Judicial Magistrate, Nawarangpur convicting the Petitioner under Section 47(a) of Bihar and Orissa Excise Act (hereinafter referred to as "the Act") and sentencing him thereunder to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for a further period of 2 months.

(2.) THE gist of the prosecution case is that on the evening of 25 -2 -1980" near Nawarangpur bus -stand, the 'accused -Petitioner was found to be in illegal possession of two attached cases containing 143 bottles of foreign liquor of different brands without any valid permit or licence for possessing the same and thereby rendered himself liable under Section 47(a) of the B. and O. Excise Act.

(3.) PROSECUTION has examined four witnesses to prove its case. P.W. 1 is the Excise Sub -Inspector and P.W. 4 was the Excise Constable. P.Ws. 2 and 3 were examined as independent witnesses, but p. w. 2 turned hostile to the prosecution.