JUDGMENT

B. PANIGRAHI, J. — Criminal Revision No. 108 of 1995 is directed against the judgment and order of the learned Sessions Judge, Koraput-Jeypore dated 23.11.1994 in Criminal Appeal No. 64/94 and Criminal Revision No. 61/96 is directed against the judgment and order of the learned Addl. Sessions Judge, Khurda in Criminal Appeal No. 139/122/27 of 1995/92 dated 5.2.96. The aforesaid Criminal Appeals have been dismissed by the learned Appellate Courts under Sec. 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.

2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is as follows :

The petitioner was prosecuted under Sec. 47(a) & (f) of the Bihar and Orissa Excise Act in the Court of Judicial Magistrate, 1st Class, Kashipur at Rayagada. After completion of trial the learned Magistrate convicted the petitioner and sentenced him to undergo R.I. for 6 months and to pay a fine of Rs. 500/- in default to undergo further R.I. for one month on each count. Questioning the validity of the order of conviction passed by the learned Magistrate, the petitioner had moved before the learned Sessions Judge, Koraput-Jeypore and the learned