THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA
Date of Hearing: 17.07.2025 :: Date of Judgment: 18.07.2025
S.S. Mishra, J. The present Criminal Appeal, is filed by the
appellants under Sections 374 of the Cr. P.C., assailing the judgment and
order dated 29.06.2007 passed by the learned Additional Sessions Judge
(Fast Track), Aska in S.T. No.3 of 2007/S.T. No.25 of 2007, whereby
the learned trial Court has convicted the accused-appellant U/s.47(a) of
Bihar and Odisha Excise Act,1915 and sentenced him to undergo R.I. for
two years and imposed a fine of Rs.5,000/- in default to undergo R.I. six
months
2. The case of the prosecution, tersely stated, is that on 02.10.2005,
during an excise raid and patrolling at Aska Bus-Stand area, the
informant and his team received reliable information that the appellant
was in possession of and selling adulterated and noxious Indian liquor
from his Pan Cabin Shop near Ashoka Filling Station. Upon reaching the
spot, the raiding party found a white plastic jerrican containing such
liquor, 90 poly pouches (each of about 200 ml), and two steel glasses
smelling of liquor. The appellant failed to produce any license or
authority for possession or sale of the said liquor. The articles were
seized in the presence of a witness, and an FIR was drawn at the spot.
The accused along with the seized articles was produced before the IIC,
Aska P.S., where a case was registered and investigation was initiated.
Upon completion of investigation, the accused-appellant was charged
under Sections 272/273 IPC read with Section 47(a) of the Odisha &
Bihar Excise Act. On his stance of denial, he was put to trial.