Allowed

Thomas K.George v. State of Kerala

Kerala HC2 Jul 2019CRL.A/610/2006

Case brief

AI extract

What is this about?

The Kerala High Court allowed the criminal appeal. The court held that the absence of a sample seal on the forwarding note, without prosecution evidence to the contrary, created a presumption that the original seal was missing. This broke the chain of evidence for tamper-proof despatch, leading to the acquittal of the appellant convicted under the Abkari Act.

What did the court decide?

The conviction and sentence were set aside and the appellant was acquitted; bail bond discharged.

Thomas K.George Vs State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941

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CRL.A.No.610 of 2006

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AGAINST THE ORDER/JUDGMENT IN SC 702/2003 of ADDITIONAL SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA DATED 23-02-2006

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AGAINST THE ORDER/JUDGMENT IN CP 95/2002 of JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI

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APPELLANT/ACCUSED:

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THOMAS K.GEORGE S/O.GEORGE, KUZHIKALAYIL VEEDU, KUMPLAMPOIKA,, VADASSERIKARA VILLAGE, RANNY TALUK,, PATHANAMTHITTA.

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BY ADVS.

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SRI.O.V.MANIPRASAD SRI.ANOOP MATHEW ABRAHAM

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA (EXCISE INSPECTOR, RANNY RANGE IN O.R.NO.20/2001) REPRESENTED, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.

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SRI.E.C.BINEESH,PUBLIC PROSECUTOR

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.A.No.610 of 2006

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JUDGMENT

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The appellant was convicted and sentenced by the court below under Section 8(2) of the Abkari Act.

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The prosecution allegation is that on

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24.06.2001 at about 12.50 p.m., the appellant was found in possession of 2 litres of arrack in contravention of the provisions of the Abkari Act.

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Heard.

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The learned counsel for the appellant has

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argued that since the sample seal was not affixed at the space provided for the same in the copy of the forwarding note, the appellant is entitled to benefit of doubt. The learned counsel for the appellant relied on the decision of this Court in Krishnan H. v. State [2015(1) KHC 822] to buttress his argument.

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Ext.P6 is the copy of the forwarding note,

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CRL.A.No.610 of 2006

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which does not contain the sample seal at the space provided for the same. This Court in Krishnan H. (supra) held that the absence of sample seal at the space provided for the same in the copy of the forwarding note is sufficient reason for presuming that the sample seal was not provided on the original forwarding note.

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In this case, Ext.P6 does not contain the sample seal at the space provided for the same. No evidence was also adduced by the prosecution to show that the sample seal was affixed on the original forwarding note. In the said circumstances, 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 any guarantee that the sample produced before the court and analysed in the laboratory was the sample drawn

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CRL.A.No.610 of 2006

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from the contraband seized from the appellant. Since the tamper-proof despatch of the sample could not be established by the prosecution, there is no link evidence to connect the appellant with the sample analyzed in the laboratory. In the said circumstances, the conviction and sentence passed by the court below relying on Ext.P7 certificate of chemical analysis, cannot be sustained and consequently, I set aside the same.

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In the result, this criminal appeal stands allowed by setting aside the conviction and sentence passed by the court below and the appellant stands acquitted. The bail bond of the appellant stands discharged.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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STK

Thomas K.George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas K.George v. State of Kerala

Case brief

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What did the court decide?

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