The High Court exercised inherent powers under Section 482 Cr.P.C. to quash the final report and proceedings in a toddy tapping case. The Court held that conflicting chemical analysis certificates favouring the accused defeated the prosecution's case.
Quashed the final report and further proceedings in C.P. No.19 of 2016.
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.SUDHEENDRA KUMAR
MONDAY, THE 14TH DAY OF AUGUST 2017/23RD SRAVANA, 1939
Crl.MC.No. 2976 of 2016 ()
CP 19/2016 of J.M.F.C.-I,KANJIRAPPALLY
CRIME NO. 1/2016 OF KANJIRAPPALLY EXCISE RANGE OFFICE , KOTTAYAM
PETITIONER(S)/ACCUSED NOS.1 TO 3:
AGED 43 YEARS, S/O.SREENIVASAN NAIR, PANACHIPLACKAL HOUSE, ELIKKULAM KARA, ELIKKULAM VILLAGE, KANJIRAPPALLY TALUK.
AGED 50 YEARS, S/O.KUNJOOTTY, NIRAPPEL HOUSE, KOORALI KARA, ELANGULAM VILLAGE, KANJIRAPPALLY TALUK.
AGED 67 YEARS, W/O.KELAN, KADAVUPUZHA HOUSE, VAZHOOR KARA, VAZHOOR VILLAGE, CHANGANACHERRY TALUK.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2976 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEX.A | PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 7.9.2015 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, THIRUVANANTHAPURAM. |
|
|---|---|---|
| ANNEX.B | PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 19.3.2016 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, ERNAKULAM. |
|
| ANNEX.C | PHOTOCOPY OF THE FINAL REPORT IN CR.NO.1/2016 FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE COURT-I, KANJIRAPPALLY. |
|
| ANNEX.D | PHOTOCOPY OF THE ORDER DATED 14.2.2013 IN CRL.MC.NO.769/2013 PASSED BY THIS HON'BLE COURT. |
|
| ANNEX.E | PHOTOCOPY OF THE ORDER DATED 21.8.2014 IN CRL.MC.NO.3751/2014 PASSED BY THIS HON'BLE COURT. |
|
| ANNEX.F | PHOTOCOPY OF THE ORDER DATED 16.2.2016 IN CRL.MC.NO.8055/2015 PASSED BY THIS HON'BLE COURT. |
|
| RESPONDENT | (S)' | EXHIBITS : NIL |
// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
Crl.M.C No.2976 of 2016
O R D E R
The petitioners are the accused in C.P. No.19 of 2016
on the files of the court below.
Crl.M.C.2976/2016
-: 2 :-
registered for the offence under Section 57(a) of the Abkari
Act. Thereafter, on the request of the petitioners, 'B' sample was sent to the laboratory for analysis. Annexure-B certificate of analysis of the 'B' sample would show that the starch was not detected in the said sample.
accepted. In view of Annexure-B certificate of analysis, no successful prosecution against the petitioners can be sustained. For the said reason, even
if the prosecution against the petitioners is permitted to be continued, no purpose will be served. For the said reason, I am inclined to quash the final report and
further proceedings against the petitioners in C.P. No.19 of
Crl.M.C.2976/2016
-: 3 :-
2016 on the files of the court below, in exercise of the
inherent power under Section 482 Cr.P.C., to meet the ends
of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed .
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/16.8..2017
2 issues framed by the court
Whether conflicting chemical analysis certificates warrant quashing of the final report.
Whether lack of corroborative evidence sustains prosecution under Section 57(a) of the Abkari Act.
2 provisions across 2 enactments
Bijumon P.S. and others
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
