Karthi v. State of Kerala
Case brief
What is this about?
Kerala HC allowed criminal appeal against conviction for illegal possession of arrack. Court held unexplained 23-day delay proved sample was not from seized contraband, granting benefit of doubt.
What did the court decide?
Appellant acquitted, conviction and sentence set aside, bail bond discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 21ST DAY OF JUNE 2019 / 31ST JYAISHTA, 1941
CRL.A.No.512 of 2004
AGAINST THE ORDER/JUDGMENT IN SC 197/2001 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOZHIKODE
APPELLANT/S/2nd ACCUSED:
KARTHI W/O GOPALAN, PANANGAD PANCHAYAT, KINALUR AMSOM DESOM,, BALUSSERY, KOZHIKODE DISTRICT.
BY ADV. SRI.V.C. SARATH (AMICUS CURIAE)
RESPONDENT/S/RESPONDENT:
STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
BY ADV. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK,PP
Issues for consideration
1 issue framed by the court
Whether the long unexplained delay in producing the sample and contraband warrants acquittal.
Parties & counsel
- appellant
Karthi W/o Gopalan
- respondent
State of Kerala
Coram
B.Sudheendra Kumar
Case details
As recorded by the court registry
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