JUDGMENT

B. PANIGRAHI, J. — In this revision petition, the petitioner has assailed the order of conviction and sentence passed by both the courts below in a case registered under Section 47 (a) of the Bihar and Orissa Excise Act.

2. The short history of the prosecution case is as follows:

That on 30th May, 1993 at about 4.00 P.M. while the Sub-Inspector of Excise (E.E. & E.B.), Berhampur along with his staff was performing patrol duty at village Luchapada, they saw the appellant selling i.d. liquor in an one-roomed house. The peti¬tioner had bolted the house from inside and through the window he was selling the i.d. liquor. At that juncture the Excise staff conducted a raid to the premises in presence of the witnesses. The S.I. of Excise searched the house and recovered two plastic jerricans — one containing 20 litres and the other containing 17 litres of i.d. liquor. They also seized a glass-tumbler smelling liquor and cash of Rs. 82/-collected as the sale proceeds of the liquor. The S.I. of Excise tested the contents of the plastic jerricans by litmus paper and hydrometer instrument. Since the petitioner was in illegal possession of the i.d. liquor, the S.I. of Excise accordingl