R. L. NARASIMHAM, C. J.

( 1 ) THIS is a revision petition against the appellate judgment of the Sessions Judge of Berhampur maintaining the conviction of the petitioner under Section 47 (a) of the Bihar and Orissa Excise Act, but reducing the sentence passed on him to one month's rigorous imprisonment and a fine of Rs. 500.

( 2 ) IT appears that at about 8 p. m. on 12-9-1963 the police party caught the petitioner red-handed with an earthen pitcher containing about 10 gallons of illicitly distilled liquor. The seizure list shows that he was attempting to conceal the liquor inside the well in his house when he was arrested. Soon after the seizure, he was tried before the Sub-divisional Magistrate of Chatrapur on the very same night. When the substance of the accusation was explained to him he pleaded guilty. The Magistrate then questioned him under Section 342 Cr. P. C. and the petitioner admitted that from inside the well a pitcher containing 10 gallons of illicitly distilled liquor was recovered. He was then convicted on his plea of guilty and sentenced to three months rigorous imprisonment and a fine of Rs. 1,000 which was reduced on appeal as stated above.

( 3 ) THE very date