Rajan v. State of Kerala
Case brief
What is this about?
Conviction and sentence for abkari offence set aside on account of absence of forwarding note and sample seal, rendering the chain of custody for the chemical analysis report unreliable. Accused acquitted.
What did the court decide?
Conviction and sentence set aside; appellant acquitted and set at liberty.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
CRL.A.No. 1346 of 2005 ( )
AGAINST THE ORDER/JUDGMENT IN SC 266/2003 of ADDL.SESSIONS COURT (FAST TRACK)COURT-I, ALAPPUZHA DATED 07-07-2005
APPELLANT(S)/ACCUSED::
RAJAN, AGED 45 YEARS, S/O. MATHU, ELLUMTHUNDIL VEEDU, KIDANGAYAM MURI NOORANADU, MAVELIKKARA.
BY ADV. SRI.S.SHANAVAS KHAN
RESPONDENT(S)/COMPLAINANT::
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF, KERALA ERNAKULAM.
Issues for consideration
3 issues framed by the court
Whether conviction in abkari offence can stand without a forwarding note and seal proving chain of custody of the chemical sample.
Whether the Chemical Examiner's report has evidentiary value in absence of link evidence connecting the seized sample to the lab report.
Whether the accused is entitled to the benefit of doubt due to the absence of sample seal and requisition note.
Parties & counsel
- appellant
RAJAN
- respondent
THE STATE OF KERALA
Coram
P.D.RAJAN
Case details
As recorded by the court registry
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