JUDGMENT

M. M. DAS, J. — This revision is directed against the judgment passed by the Courts below convicting and sentencing the peti¬tioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915.

2. The prosecution case in brief is that on 4.12.1994 at about 12.30 P.M., the Sub-Inspector of Excise (P.W.2) while on patrol duty conducted a search in a temporary thatched house at Khalasi Sahi, Berhampur, in presence of the independent witness¬es, recovered and seized five litres of illicitly distilled liquor in plastic jerry-cane and two glass tumblers and arrested the petitioner. Subsequently, the Sub-Inspector of Excise tested the liquor by litmus paper test and also conducted test by the application of hydrometer to examine the density of the liquid seized and was confirmed that it was illicitly distilled liquor. Accordingly, a prosecution was lodged under Section 47(a) of the Bihar and Orissa Excise Act, 1915. The plea of defence was of total denial. Three witnesses have been examined from the side of the prosecution. Out of them, P.W.1 being an Excise Constable and P.W.3 being an independent witness, were examined as seizure witnesses. The Sub-Inspector of Excise has been