High Court of Kerala allowed criminal appeal and acquitted appellant accused of transporting contraband under Abkari Act, ruling that unexplained delay in producing samples before court invalidated the chemical analysis certificate foundation of conviction.
Conviction and sentence set aside; appellant acquitted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 22ND DAY OF AUGUST 2016/31ST SRAVANA, 1938
CRL.A.No. 373 of 2009 ( )
AGAINST THE JUDGMENT IN SC. NO.530/2006 OF ADDL. SESSIONS COURT (ADHOC-II)KASARAGOD DATED 23-01-2009.
APPELLANT/ACCUSED:
HENTRY D'SOUZA, S/O. MILARA D'SOUZA, AGED 24, KADAR VEEDU, KADAMANA, BADIADKA VILLAGE.
BY ADVS. SRIJESTIN MATHEW,
SRI.M.S.RADHAKRISHNAN NAIR.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.P. MAYA.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
B. KEMAL PASHA, J.
Crl. Appeal No.373 of 2009
Dated this the 22nd day of August, 2016
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Appellant is the accused in SC No.530/2006 of
the Additional Sessions Court, Adhoc-I, Kasaragod, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo simple imprisonment for three months and to pay a fine of ₹1 lakh, in default to undergo simple imprisonment for one more month.
10.50 a.m., the appellant was found transporting 150 packets each containing 100 ml. of arrack at Periyal of Padre village, in contravention of the provisions of the
Crl.A.373/2009
: 2 :
Abkari Act.
Crl.A.373/2009
: 3 :
learned Public Prosecutor.
Crl.A.373/2009
: 4 :
09.09.2005 only. When there is unexplained delay in the production of samples before court, it cannot be said that Ext.P7 certificate of chemical analysis is the one in respect of the samples allegedly drawn in this case. Therefore, it is not at all safe to convict the accused by relying on the contents of Ext.P7. Matters being so, the conviction and sentence passed by the court below are liable to be set aside.
In the result, this Criminal Appeal is allowed and the conviction and sentence passed by the court below as against the appellant are set aside. The appellant is acquitted.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/22/08
// True Copy //
PA to Judge
2 issues framed by the court
Whether the conviction and sentence can stand despite an unexplained delay of three days in producing seized samples before the court, casting doubt on the connection between the chemical analysis cer
Whether the criminal appeal should be allowed and the appellant acquitted due to the impugned certification of the chemical analysis report.
1 provisions across 1 enactments
HENTRY D'SOUZA
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
