JUDGMENT

A. S. NAIDU, J. — This Criminal Revision has been filed chal¬lenging the other of the Additional Sessions Judge, Bargarh in Criminal Appeal No. 35 of 1994 confirming the order of conviction passed by the J.M.F.C., Sohella in 2 (a) CC No. 22 of 1993, while reducing the sentence of imprisonment, but maintaining the sen¬tence of fine.

2. Prosecution caste is that on 13-11-1992 at about 11.30 a.m. while the S.I. of Excise was on patrol duty along with his staff found the petitioner carrying I.D. liquor in a motor-cycle. The same was seized and on hydrometer test and blue litmus paper test, was found to be I.D. liquor. On the basis of investigation, 2 (a) CC No. 22 of 1993 was initiated and the petitioner was prosecuted under Section 47 (a) of the Bihar and Orissa Excise act.

3. To substantiate the case, in course of trial the prosecution examined four witnesses, of whom P.Ws. 3 and 4 were the Excise staff and P.Ws. 1 and 2 were independent witnesses. Prosecution also exhibited the seizure-list Ext. 1/1 containing the signature of Soukilal Bagh, P.W. 1.

The plea of the petitioner was denial.

4. The trial Court, relying on the evidence of P.Ws. 3 and 4 and the tests said to have