HIGH COURT OF ORISSA
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S. Acharya, J. -
(1.) THE Petitioner stands convicted under Section 47 of the Bihar and Orissa Excise Act (hereinafter referred to as the 'Act') for being in possession of illicit undiluted Pachwai (Handia), and he has been sentenced thereunder to R. I. for six months.
(2.) THE prosecution case, as revealed from the prosecution report, is that the Excise staff, on a surprise raid of the house of the Petitioner at 9 30 a. m. on 6 -8 -1976, found that the Petitioner was in possession of 40 litres of undiluted Pachwai without any licence. The Petitioner admittedly is a member of the Scheduled tribe and the seizure was made in the district of Sundargarh, which admittedly was a non -prohibition district at the relevant time.
(3.) THE prosecution did not examine any witness in this case.;
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