JUDGMENT :

Heard learned counsel for the parties.

2. This revision application is directed against the judgment dated 24.1.2004 passed by learned 12th Additional Sessions Judge, Dhanbad in Criminal Appeal No.127/1999; whereby the judgment of conviction and order of sentence dated 23.08.1999 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.E.Case No.294 of 1995; whereby the petitioner was convicted u/s 47(a) of the Excise Act and was sentenced to undergo R.I. for One year and fine amount of Rs.1000; has been partly allowed by reducing the sentence from one year to three months and the fine amount of Rs.1000/- has been reduced to Rs.500/-.

3. The prosecution case in short is that on 6.7.1995, a raid was conducted by the Excise Department on an information in the house of the petitioner and 40 liters of Mahua liquor were recovered from the house of the petitioner and a seizure list was prepared in presence of witnesses and the petitioner was forwarded to jail.

4. Mr. Sahay Gaurav Piyush, learned Amicus appearing on behalf of the petitioner submits that the prosecution has failed to examine the seizure list witness. Further, it has come in the evidence of P.W.1 (Excise Co