JUDGMENT :

S.S. Mishra, J.

The present Criminal Revision filed under Sections 401 read with Section 397 of Cr.P.C. is directed against the judgment and order dated 28.02.2011 passed by the learned Addl. Sessions Judge (FTC), Malkangiri in Criminal Appeal No.44 of 2008, whereby the judgment of conviction and order of sentence passed by the learned Chief Judicial Magistrate, Malkangiri in 2(a) CC No.18 of 2007/T.R. No.10 of 2008 has been confirmed.

2. The Petitioner was subjected to prosecution in 2(a) CC No.18 of 2007/T.R. No.10 of 2008 registered under Section 47(a) of the Bihar & Orissa Excise Act.

3. The prosecution case in brief is that on 11.06.2006 at 9.30 a.m., near a small river by the side of a forest adjoining to the village Korukonda, the accused was found preparing I.D. liquor illegally by the Sub-Inspector of Excise, Malkangiri. The accused was apprehended and in presence of the witnesses, one earthen pot containing 7 litres of I.D. liquor, one aluminium pot containing 15 kgs. of fermented Mohua wash, one earthen still head, one bamboo pipe with smell of liquor and one earthen pot containing 20 kgs. of hot fermented Mohua wash were seized from the exclusive and conscious po