High Court of Kerala allowed criminal revision petition, acquitting accused prosecuted under Abkari Act for possession of imported liquor. Court held unexplained delay and lack of evidence linking seizure labels to laboratory report warranted conviction set aside.
Conviction and sentence set aside; accused acquitted and fine refunded if paid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933
CRRP.No. 971 of 2006 ( )
CRA.63/2002 of COURT OF ADDL. SESSIONS JUDGE (ADHOC)I, KASARAGOD SC.358/1999 of COURT OF ASSISTANT SESSIONS JUDGE, KASARAGOD
REVISION PETITIONER/APPELLANT/ACCUSED:
A.MOHAMMED KUNHI,
AGED 63 YEARS, S/O.ANGATI ANDUNHI, PERIYA ROAD PALLIKKARA VILLAGE.
BY ADV. SRI.M.RAMESH CHANDER
RESPONDENTS/COMPLAINANTS:
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
2. STATION HOUSE OFFICER KASARAGOD POLICE STATION, KASARAGOD
R1 AND R2 BY PUBLIC PROSECUTOR SRI.T.R.RAJESH
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
STK
P.BHAVADASAN, J.
---------------------------------------------------Crl.RP No.971 of 2006
---------------------------------------------------Dated this the 1st day of February 2012
Order
The accused was prosecuted for the offence punishable under Section 55(a) of the Abkari Act. He was found guilty and was accordingly convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1 lakh and in default, to undergo rigorous imprisonment for one more year. Set off as per law was also allowed. In appeal, the conviction was confirmed, but the sentence was modified into rigorous imprisonment for two months and to pay a fine of Rs.1,00,000/- with a default clause of rigorous imprisonment for one month.
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of Karnataka when a bus was intercepted at Eriyal, Kasaragod taluk. He was found importing the same from Karnatake to Kerala in contravention of the provisions of the Abkari Act. All the items were seized as per Ext.P2 mahazar. Two of the bottles were taken as sample. Accordingly, a crime was registered as per Ext.P3 F.I.R. The investigation was completed and the charge was laid before court.
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(2007(1) KLT 971), it was contended that unexplained delay is fatal to the case.
there is no merit. Of course, PW2 hasa stated that he is not aware as to who was in possession of the articles during the period, but PW5 was specific in saying that it is in his custody.The custody of the articles is properly explained. This contention has to fail.
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only” and so also the documents produced by the Prosecution mention the said fact.
In the result, this revision petition is allowed. The conviction and sentence passed by the courts below are set aside and the accused is acquitted of the charge levelled against him. If he has already paid the fine amount, it shall be refunded to him.
P.Bhavadasan, Judge
sta
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3 issues framed by the court
Whether unexplained delay in forwarding seized samples for chemical analysis is fatal to the prosecution case.
Whether absence of contemporaneous written evidence linking seized labels to the chemical analysis report establishment fails the prosecution’s charge.
Whether lack of unbroken chain of custody regarding seized liquor bottles warrants acquittal of the accused.
Colour shows how this judgement treated each authority
Rajendran v. State of KeralaRelied on¶30
Rajendran v. State of Kerala (2007(1) KLT 971)
A.MOHAMMED KUNHI
STATE OF KERALA
P.BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
