The High Court of Kerala allowed an appeal against conviction under the Abkari Act. Finding that no forwarding note was produced for the seized arrack sample, the Court held the prosecution failed to guarantee the sample's integrity and link to the appellant, ordering acquittal.
Conviction and sentence set aside; appellant acquitted; bail bond discharged.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941
CRL.A.No.142 of 2007
AGAINST THE ORDER/JUDGMENT IN SC 780/2001 of ADDITIONAL DISTRICT COURT (ADHOC), KOLLAM DATED 30-12-2006
AGAINST THE ORDER/JUDGMENT IN CP 21/2000 of JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR
APPELLANT/ACCUSED:
THULASI S/O. APPUKKUTTAN, BEENA MANDIRAM, PANAVELI, NADACKAL CHERRY,, KALLUVATHUKKAL VILLAGE.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, PARIPPALLY POLICE STATION, (CRIME NO.203/99) THROUGH PUBLIC PROSECUTOR,, HIGH COURT OF KERALA, ERNAKULAM.
SRI.E.C.BINEESH,PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.A.No.142 of 2007
JUDGMENT
The appellant was convicted and sentenced by the
court below under Section 55(i) of the Abkari Act.
22.08.1999 at about 3.30 p.m., the appellant was
found in possession of 3 litres of arrack in contravention of the provisions of the Abkari Act.
argued that since no forwarding note was produced and marked before the court, the appellant is entitled
to benefit of doubt.
the tamper-proof despatch of the sample to the
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CRL.A.No.142 of 2007
laboratory. In the said circumstances, there cannot be any guarantee that the sample produced before the court and analysed in the laboratory was the sample drawn from the contraband seized from the appellant.
In the said circumstances, there is no link evidence connecting the appellant with the sample analysed in the laboratory. Consequently, the conviction and sentence passed by the court below, relying on Ext.P5 certificate of chemical analysis, cannot be sustained.
In the result, this criminal appeal stands allowed, setting aside the conviction and sentence passed by the court below and the appellant stands acquitted. The bail bond of the appellant stands discharged.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/17.07.19
2 issues framed by the court
Whether failure to produce a forwarding note for the seized arrack sample invalidates the chemical analysis evidence used for conviction.
Whether the conviction for possession of prohibited liquor should stand set aside due to procurement irregularities.
1 provisions across 1 enactments
Thulasi S/o. Appukkuttan, Beena Mandiram, Panaveli, Nadackal Cherry, Kalluvathukkall Village
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
