In a criminal appeal regarding possession of beer for sale, the Kerala High Court acquitted the appellants because the prosecution failed to produce a forwarding note, preventing proof of tamper-proof despatch and breaking the link between seized items and laboratory analysis.
Conviction and sentence set aside; appellants acquitted; bail bonds discharged.
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
WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941
CRL.A.No.2703 of 2008
AGAINST THE ORDER/JUDGMENT IN SC 477/2004 of ADDITIONAL DISTRICT COURT (ADHOC)III, TRIVANDRUM DATED 23-10-2008
AGAINST THE ORDER/JUDGMENT IN CP 42/2003 of JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
APPELLANT/S:
1 JAMES S/O JOSEPH, KODUVAZHAKURAYIL PEREPPARAMBIL VEEDU, ALAMCODU, PARAVUR,, ERNAKULAM.
2 SOMASUNDARAM S/O.NJANAMUTHU SANTHOSH BHAVAN, NEAR KOLIYOOR SOCIETY, KOLIYOOR DESOM - THIRUVALLAM VILLAGE,, THIRUVANANTHAPURAM.
3 SUGATHAN S/O.KRISHNAN NAIR NEDUMANGADU VILA VEEDU, NEAR KOLIYOOR, JUNCTION, KOLIYOOR DESOM - THIRUVALLAM, THIRUVANANTHAPURAM.
BY ADV. SRI.R.BINDU (SASTHAMANGALAM)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
OTHER PRESENT:
SRI.E.C.BINEESH,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. Crl.A.2703/08
-2-
JUDGMENT
The appellants were convicted and sentenced by the
court below under Section 55(i) of the Abkari Act.
that since no forwarding note was produced and marked
before the court in this case, the appellants are entitled to benefit of doubt.
produced and marked before the court. Therefore, it
has to be held that the prosecution could not establish the
tamper-proof despatch of the sample to the laboratory. In
Case No. Crl.A.2703/08 -3-
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 appellants. Since the forwarding note was not produced and marked before the court, there is no link evidence to connect the appellants with the sample analysed in the laboratory. Therefore, the conviction and sentence passed by the court below relying on Ext.P10 Certificate of Chemical Analysis, cannot be sustained and consequently, I set aside the same.
In the result, this Appeal stands allowed, setting aside the conviction and sentence passed by the court below and the appellants stand acquitted. The bail bonds of
the appellants stand discharged.
sd B. SUDHEENDRA KUMAR, JUDGE .
dl/
2 issues framed by the court
Whether conviction can be sustained when forwarding note for sample analysis was not produced?
Whether the lack of forwarding Note establishes tampering and breaks the chain of evidence?
1 provisions across 1 enactments
James s/o Joseph et al.
State of Kerala
B SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
