High Court allowed criminal appeal against conviction under Abkari Act. Court held absence of forwarding note prevented proof of tamper-proof despatch of sample to laboratory, destroying link evidence. Conviction quashed and appellant acquitted.
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
WEDNESDAY, THE 24TH DAY OF JULY 2019 / 2ND SRAVANA, 1941
CRL.A.No.220 of 2008
AGAINST THE ORDER/JUDGMENT IN SC 752/2001 of DISTRICT AND SESSIONS COURT, KOTTARAKKARA DATED 18-12-2007
APPELLANT/S/ACCUSED:
PRADEEP
S/O.ARJUNAN, PRAMOD VILASAM VEEDU, EZHUKON MURI, EZHUKON VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADVS. SRI. SIJU KAMALASANAN SRI.PRATHEESH.P
RESPONDENT/S/COMPLAINANT:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, EZHUKON POLICE STATION,, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
SRI.C.S.HRITHWIK,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.A.No.220 of 2008
2
JUDGMENT
The appellant was convicted and sentenced by the court below under Sections 55(a) and (i) of the Abkari Act.
at about 9.00 a.m., the appellant was found in possession of 2 litres of arrack in contravention of the provisions of the
Abkari Act.
that since no forwarding note was produced and marked before the court, the appellant is entitled to benefit of doubt.
the prosecution could not establish the tamper-proof despatch of the sample to the laboratory. Consequently, there
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CRL.A.No.220 of 2008
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. Since no forwarding note was produced and marked before the court, there is no link evidence connecting the appellant with the sample analysed in the laboratory. In the said circumstances, 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
RK/25.07.2019
1 issue framed by the court
Whether absence of forwarding note for chain of custody renders prosecution evidence unreliable and warrants acquittal.
1 provisions across 1 enactments
Pradeep
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
