SRI KODANDA DEHURI Vs. STATE OF ORISSA
LAWS(ORI)-1988-2-17
HIGH COURT OF ORISSA
Decided on February 12,1988

Sri Kodanda Dehuri Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

K.P. Mohapatra, J. - (1.) THE Petitioner has challenged the order passed by the learned Sessions Judge, Dhenkanal, upholding his conviction and sentence under Section 47(a) of the Bihar & Orissa Excise Act.
(2.) THE prosecution case in brief is that on 1.12.1979 P.W.3, an Assistant Sub -Inspector of Excise found the Petitioner in possession of 7 litres of I.D. liquor kept in two jarkins. He seized the same in the presence two independent witnesses (P.Ws. 1 and 2) and prepared a seizure list (Ext.1/2). He produced the Petitioner, as well as the seizure list (Ext.1/2) before P.W.4, Sub -Inspector of Excise who took up investigation and after completion thereat submitted the Prosecution Report. The Petitioner denied possession of the liquor.
(3.) LEARNED Sub -Divisional Judicial Magistrate believed the evidence or P.Ws. 3 and 4 and after recording conviction under Section 47(a) of the Bihar and Orissa Excise Act, sentenced the Petitioner to undergo rigorous imprisonment for one month and to pay a fine of Rs. 100/ - in default to undergo rigorous imprisonment for a further period of one month. The learned Sessions Judge upheld the aforesaid order.;


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