MD NASEEM AKHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the conviction and sentencepassed against the petitioner for an offence under Sec. 47 of the Bihar and Orissa Excise Act in Trial No. 163 of 1980 by judgment dated 23rd April, 1980, sentencing the petitioner to undergo rigorous imprisonment for one year. On appeal in Criminal Appeal No. 98/80/40/81 the conviction and sentence have remained unaltered.

(2.) THE prosecution case, briefly stated, is that on 14th July, 1973, officers of the excise department on receiving confidential information had raided the house premises of the petitioner and had detected that a huge quantity of excisable goods in the nature of denatured spirit, Nepali gunja, jungali bhang and also certain materials for preparation of illicit liquor had been recovered and all the articles had been seized and a seizure list had been prepared.

(3.) ON the basis of the evidence adduced in this case the petitioner has been found guilty, and accordingly convicted and sentenced, as stated above.