Leela v. State of Kerala
Case brief
What is this about?
Appeal against conviction and sentence for possession of arrack under Section 8(2) of the Abkari Act. Conviction set aside for violation of procedural requirements regarding sampling for chemical analysis.
What did the court decide?
Conviction and sentence set aside; appellant acquitted.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
CRL.A.No. 697 of 2009
AGAINST THE JUDGMENT IN S.C.NO. 359/2002 OF ADDITIONAL SESSIONS COURT, FAST TRACK III, THIRUVANANTHAPURAM
APPELLANT(S)/ACCUSED :
LEELA, D/O.APPAVU, KARAYKATTUVILA PUTHEN VEEDU, KULATHOOR VILLAGE, NEYYATTINKARA TALUK.
BY ADV. SRI.M.SREEKUMAR
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SR. PUBLIC PROSECUTOR SRI. ALEX M.THOMBRA
Issues for consideration
1 issue framed by the court
Whether the conviction under Section 8(2) of the Abkari Act is sustainable when the sample for chemical analysis was drawn without a magisterial order and without the accused's presence.
Parties & counsel
- appellant
Leela
- respondent
State of Kerala
Coram
B.kemal Pasha
Case details
As recorded by the court registry
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