The Kerala High Court allowed the criminal appeal, set aside the conviction and sentence, and acquitted the appellant. The court held the proceedings illegal because the investigating Excise Inspector was not appointed for the area where the offence occurred.
The conviction and sentence were set aside; the appellant is acquitted.
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 B.KEMAL PASHA
THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
CRL.A.No. 807 of 2009 (A)
SC 100/2009 of ADDITIONAL SESSIONS COURT (ADHOC)III, MANJERI
CP 2/2009 of JUDICIAL FIRST CLASS MAGISTRATE’S COURT-I, MANJERI
APPELLANT/ACCUSED:
MUNDIKUTTY, W/O.NEELANDAN, MALIKATHADAYIL HOUSE, KARALIPARAMBU, KIZHUPARAMBU, MALAPPURAM DISTRICT.
BY ADVS.SRI.C.S.MANILAL SRI.K.VIDYASAGAR
RESPONDENT/STATE:
STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MALAPPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SR. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
B. KEMAL PASHA, J
================
Crl.Appeal No.807 of 2009
================
Dated this the 20th day of October, 2016
J U D G M E N T
The appellant is the accused in Sessions Case No.100 of 2009 of the Additional Sessions Court (Adhoc-III), Manjeri, who stands convicted under Section 55(g) of the Abkari Act and sentenced to undergo simple imprisonment till the rising of the court and to pay an fine of `1,00,000/-, in default to undergo simple imprisonment for three months.
the accused was found keeping 20 litres of wash and also the utensils for brewing arrack at her house situated at Keezhuparamba.
Crl.A.807/09
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Inspector attached to the Malappuram Excise Special Squad. The scene of occurrence comes within the local limits of the Manjeri Excise Range. The contraband was seized through Exhibit-P3 mahazar. A sample was drawn and thereafter, the balance quantity of wash was destroyed. PW1 produced the accused along with the sample and records at the Manjeri Excise Office, where PW4 Excise Inspector, Manjery registered Exhibit-P5 crime and occurrence report. The sample was allegedly produced by PW4 before court on 07.12.2004. PW6 Excise Inspector, Malappuram conducted the investigation and filed the Final Report on getting Exhibit-P6 certificate of chemical analysis.
Crl.A.807/09
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accused, Exhibit-D1 was marked. No other defence evidence was adduced. The court below found the
accused guilty of the offence punishable under Section 55(g) of the Abkari Act, convicted her thereunder and sentenced her as aforesaid.
Crl.A.807/09 4
seized from the house, which is situated within the local limits of the Manjeri Excise Range. At the same time, the investigation was conducted and the final report was filed by PW6 Excise Inspector, Malappuram. The scene of occurrence is not coming within the local limits of Malappuram Excise Range.
Crl.A.807/09
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sentence passed by the court below are liable to be set aside.
In the result, this Crl.Appeal is allowed. The conviction and sentence passed by the court below are set aside. The appellant is acquitted.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/21/10/16
// True Copy //
P.A. To Judge
1 issue framed by the court
Whether the conviction and sentence are liable to be set aside because the investigation was conducted by an Excise Inspector not appointed for the local limits of the Manjeri Excise Range.
1 provisions across 1 enactments
Mundikuttu
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
