High Court allowed criminal appeal against conviction and sentence under Section 8(2) of Abkari Act for possession of arrack. Court acquitted appellant due to absence of forwarding note, which prevented establishing tamper-proof dispatch of sample to laboratory.
Appellant acquitted; conviction and sentence set aside; bail bond discharged.
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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.308 of 2007
AGAINST THE ORDER/JUDGMENT IN SC 1162/2002 of SESSIONS COURT, KOTTARAKKARA DATED 17-01-2007
APPELLANT/S/ACCUSED:
BALAKRISHNAN S/O SANKARAN, KOCHUKARIKKATHIL VEEDU, CHERUKUNNAM MURI,, NILAMEL VILLAGE, KOTTARAKKARA.
BY ADVS. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.SREEVALSAN.V
RESPONDENT/S/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
SRI.C.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.308 of 2007
2
JUDGMENT
The appellant was convicted and sentenced by the court below under Section 8(2) of the Abkari Act.
at about 5.30 p.m., the appellant was found in possession of 3 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.
3
CRL.A.No.308 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 conviction under Section 8(2) of the Abkari Act stands when prosecution fails to produce forwarding note linking seized sample to laboratory analysis.
Whether absence of forwarding note establishes benefit of doubt warranting acquittal.
BALAKRISHNAN S/O SANKARAN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
