In this criminal appeal challenging a conviction and sentence under the Abkari Act for possession of arrack, the High Court held that the conviction could not be sustained due to the absence of a forwarding note.
Conviction and sentence set aside; appellant acquitted; bail bond 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
MONDAY, THE 22ND DAY OF JULY 2019 / 31ST ASHADHA, 1941
CRL.A.No.280 of 2007
AGAINST THE ORDER/JUDGMENT IN SC 304/2001 of ADDL. SESSIONS COURT, KOTTARAKKARA DATED 18-01-2007
APPELLANT/S/ACCUSED:
CHANDRASHEKHARAN PILLAI S/O.DAMODARAN PILLAI, MELEVILA VEEDU,, NEELASWARAM MURI, KOTTARAKARA VILLAGE,, KOTTARAKRA TALUK.
BY ADV. SRI.PREMCHAND R.NAIR
RESPONDENT/S/COMPLAINANT:
STATE OF KERALA EXCISE INSPECTOR KOTTARAKARA EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI.S.HRITHWIK,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.A.No.280 of 2007
2
JUDGMENT
The appellant was convicted and sentenced by the court below under Section 55(a) of the Abkari Act.
at about 11.30 a.m., the appellant was found in possession of 2 ½ litres of arrack in contravention of the provisions of the Abkari Act.
the prosecution could not establish the tamper-proof despatch of the sample to the laboratory. Consequently, there
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CRL.A.No.280 of 2007
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.P6 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/22.07.2019
2 issues framed by the court
Whether the conviction and sentence can be sustained in the absence of a forwarding note for the sample of contraband.
Whether the prosecution failed to establish tamper-proof despatch of the sample to the laboratory.
1 provisions across 1 enactments
CHANDRASHEKHARAN PILLAI
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
