Appellant convicted under Section 55(g) Abkari Act for transporting 18 litres of wash. High Court acquitted appellant due to serious doubts regarding small quantity involved, hostile independent witnesses, and lack of corroboration.
Appellant acquitted; conviction and sentence set aside.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938
CRL.A.No. 561 of 2009 (A)
AGAINST THE JUDGMENT IN SC 292/2008 of ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC), FAST TRACK COURT NO.I, THRISSUR DATED 03-03-2009
APPELLANT(S)/ACCUSED:
NALLAVEERAN, S/o.CHINNAVEERAN, KOTTAPARAMBU DESOM, MUNDATHIKODE VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT.
BY ADVS. SRI.M.R.VENUGOPAL
SMT.DHANYA.P.ASHOKAN
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR,
WADAKKANCHERY EXCISE RANGE, THRISSUR DISTRICT.
BY PUBLIC PROSECUTOR SRI.C.S.HRITWIK
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
stu
B. KEMAL PASHA, J
================== Crl.Appeal No.561 of 2009
====================
Dated this the 1st day of September, 2016
JUDGMENT
The appellant is the accused in Sessions Case No.292
of 2008 of the Additional Sessions Court (Adhoc-I), Thrissur, who stands convicted under Section 55(g) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1,00,000/-,₹ in default to undergo simple imprisonment for two months.
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Crl.Appeal No.561 of 2009
thereafter, registered Ext.P2 crime and occurrence report. The sample was produced before court on the next day through Ext.P3 property list. PW6 Excise Inspector conducted the investigation and filed the complaint on getting Ext.P8 certificate of chemical analysis.
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Crl.Appeal No.561 of 2009
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Crl.Appeal No.561 of 2009
prosecution. According to them, they had never witnessed any such incident.
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Crl.Appeal No.561 of 2009
evidence to corroborate the versions of PWs.1 and 2 relating to the matter.
In the result, this Crl.Appeal is allowed. The conviction and sentence passed by the court below are set aside and the appellant is acquitted.
stu
Sd/- B. KEMAL PASHA, JUDGE.
//True copy//
P.A to Judge.
2 issues framed by the court
Whether conviction is safe where small quantity of wash involved with hostile independent witnesses.
Whether prosecution adduced sufficient evidence to prove incident of transporting contraband.
1 provisions across 1 enactments
NALLAVEERAN
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
