The High Court allowed the criminal appeal, acquitting the appellant of conviction and sentences under Section 58 of the Abkari Act due to the absence of a forwarding note, which broke the link between the seized contraband and the laboratory analysis.
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
THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941
CRL.A.No.491 of 2007
AGAINST THE ORDER/JUDGMENT IN SC 677/2001 of ADDITIONAL S.C.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA DATED 19-02-2007
AGAINST THE ORDER/JUDGMENT IN CP 72/2000 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA
APPELLANT/S/ACCUSED:
SASIKALA
D/O. CHELLAMMA, MELEKALLUVILA VEEDU, CHALATHOTTAM,, KOTTUKAL VILLAGE, NEYYATTINKARA,, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENT/S/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
SRI.E.C.BINEESH,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.A.No.491 of 2007
2
JUDGMENT
The appellant was convicted and sentenced by the court
below under Section 58 of the Abkari Act.
about 5.00 p.m., the appellant was found in possession of 7 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.
and marked in this case. Therefore, it has to be held that the
prosecution could not establish the tamper-proof despatch of
the sample to the laboratory. Consequently, there cannot be
3
CRL.A.No.491 of 2007
any guarantee that the sample analysed in the laboratory was the sample drawn from the contraband seized from the appellant. Since the forwarding note was not produced and marked before the court, there is no link evidence connecting the appellant with the sample analysed in the laboratory. Therefore, the conviction and sentence passed by the court below on the strength of Ext.P4 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/11.07.2019
1 issue framed by the court
Whether conviction under Section 58 of the Abkari Act can be sustained absent a forwarding note establishing the tamper-proof despatch of the seized sample to the laboratory.
1 provisions across 1 enactments
SASIKALA
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
B.SUDHEENDRA KUMAR
As recorded by the court registry
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