Prosecution can rely on official witnesses' testimony absent independent witness corroboration under the Bihar and Orissa Excise Act, provided the evidence is credible.

JUDGMENT

30.05.2025 Savitri Ratho, J. This application under Section 401 of the Cr.P.C. has been filed challenging the judgment dated 22.04.2006 passed by the learned Additional Sessions Judge, Angul in Criminal Appeal No. 04 of 2005 confirming the judgment of the learned trial court, confirming the conviction and sentence of the petitioner vide judgment dated 25.01.2005 passed by the learned J.M.F.C., Angul in U.I. Case No. 53 of 1996/Trial Case No. 409 of 2003 convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- in default to undergo R.I. for three months more.

PROSECUTION CASE

2. The prosecution case in brief is that, on 20.10.1995 at 7.30 P.M., P.W.1- Birabara Behera, the then ASI of police attached to Nalco Police Station while performing patrolling duty with P.W.3- Dhaneswar Behera, constable at the road of Basala Sahi crossing, found the petitioner carrying a big plastic jerrican containing 20 litres of I.D. liquor. As he failed to show any authority for possessing the liquor, it was seized by P.W.1 in presence of the witnesses and the sample liquor was sent for chemical examination. The report revealed that it contained 36% ethyl alcohol. On completion of enquiry, ASI filed prosecution report against the accused.

DEFENCE PLEA

3. The plea of the defence was one of complete denial and false implication.

WITNESSES

4. The prosecution examined three witnesses, P.W.1 Birabara Behera is the ASI of police. P.W.2 Kulamani Bilasa is an independent witness, who did not support the prosecution case. P.W.3 Dhaneswar Behera is the police constable, who accompanied P.W.1 during patrolling duty and was witness to the seizure.

5. P.W.1 Birabara Behera has stated that on 20.10.1995 at about 7.30 P.M., while he along with P.W.3 were performing patrolling duty at Basala Sahi crossing, they found the accused transporting 20 liters of country made liquor in a big plastic jerrican. As he failed to produce any document in support of such transportation or possession, he seized the same vide Ext.1 from the possession of the accused. He took a sample of the liquor in a small bottle and sealed it and sent it to the District Forensic Science Laboratory, Dhenkanal for chemical examination. The opinion report of Ext.3 revealed that percentage of ethyl alcohol was 36%. After completion of investigation, he submitted prosecution report. P.W.1 has admitted in his cross-examination that the extract of his tour diary of his return journey was submitted in the Court with P.R.

P.W.2, Kulamani Bilasa is the independent witness. He did not support the fact of seizure, but admitted to have signed on the seizure list.

P.W.3 Dhaneswar Behera is the constable who had accompanied P.W 1 during patrol duty and has signed on the seizure list. He has stated about the recovery and seizure of 20 litres of country made liquor from the petitioner.

6. The prosecution exhibited three documents. Ext.1 is the seizure list, Ext.2 is the requisition and Ext. 3 is the Opinion report.

TRIAL COURT JUDGMENT

7. The learned trial court did not find any reason to disbelieve the prosecution case holding that evidence of the Police ensure stay does not always require corroboration by an independent witness. It also accepted the opinion report Ext.3 in absence of any rebuttal evidence. Holding that the prosecution has proved its case beyond all reasonable doubt, it found the petitioner guilty for committing an offence under Section 47(a) of Bihar and Orissa Excise Act and convicted him thereunder. It did consider it proper to give him any benefit under the Probation of the Offenders Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- (rupees one thousand) in default to undergo R.I. for three months more.

APPEL