Antony v. State
Case brief
What is this about?
Appeal against conviction under Section 58 of the Abkari Act for possession of illicit liquor. Court allowed appeal, acquitting accused due to contradictions in official witness testimonies regarding sample custody and entrustment dates.
What did the court decide?
Judgment of court below set aside; appellant acquitted; bail bond cancelled and appellant set at liberty.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 6TH APRIL, 2009 / 16TH CHAITHRA 1931
CRL.A.No. 406 of 2002 (SC.44/2000 of ADDL. SESSIONS COURT-II (ADHOC), THRISSUR) ....................
APPELLANT/ACCUSED: --------------------------------ANTONY, AGED 65, S/O.ARACKAL VEETTIL KUNJU VAREED, KAROOR DESOM, MANAKULANGARA, KODAKARA.
BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, IRINJALAKUDA THORUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI.C.M.NAZAR.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Issues for consideration
2 issues framed by the court
Whether the prosecution evidence regarding seizure, custody of contraband, and entrustment of samples is reliable enough to sustain conviction.
Whether conflicting versions of official witnesses regarding custody create doubt warranting acquittal.
Parties & counsel
- appellant
Antony
- respondent
State of Kerala
Coram
V.K.Mohanan
Case details
As recorded by the court registry
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