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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Neelo Kontho @ Neelakantha Sadangi – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of prosecution and offenses (Para 1 , 2 , 3 , 4) |
| 2. details of evidence and accusations (Para 5 , 6 , 7) |
| 3. arguments presented by the parties (Para 8 , 9) |
| 4. court's analysis of procedural issues (Para 10 , 11) |
| 5. evaluation of prosecution's evidence (Para 12 , 13 , 14) |
| 6. final ruling and implications (Para 15 , 16 , 17) |
JUDGMENT :
S.S. Mishra, J.
The present Criminal Revision under Section 401 read with Section 397 Cr.P.C. is arising out of the judgment and order dated 03.01.2011 passed by the learned Additional Sessions Judge, Jeypore in Criminal Appeal No.03 of 2010, whereby the judgment of conviction and order of sentence dated 17.07.2009 passed by the learned J.M.F.C., Kotpad in 2(c) CC No.4 of 2001/T.R. No.543 of 2001 has been confirmed.
2. The prosecution alleged that on 16.02.2000 at about 5 P.M., when the Marketing Inspector Nityananda Padhi, P.W.4 apprehended the stock of kerosene being carried out in two bi-cycles, on demand, the carriers could not produce the valid documents in support of such possession of kerosene which was beyond the permissible limit. After measuring the kerosene stocks, he seized two plastic jerry canes containing 55 liters a
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