The High Court allowed the criminal appeal, acquitting the appellant convicted under Section 8(2) of the Abkari Act. The court held that the unexplained delay in producing seized samples and absence of safe custody evidence destroyed the link between the appellant and the contraband.
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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941
CRL.A.No.635 of 2007
AGAINST THE ORDER/JUDGMENT IN SC 310/2005 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA DATED 17-03-2007
AGAINST THE ORDER/JUDGMENT IN CP 65/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
APPELLANT/S/ACCUSED:
VIJAYAN,
S/O.RAGHAVAN, CHIRATTOLIL VEEDU,, KUMARAMPEROOR VADAKKEKARA MURI,, CHITTAR-SEETHATHODU VILLAGE.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENT/S/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SMT.V.SREEJA,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.A.No.635 of 2007
JUDGMENT
The appellant was convicted and sentenced by the
court below under Section 8(2) of the Abkari Act.
1 litre of arrack in contravention of the provisions of the
Abkari Act.
that since there was inordinate delay in producing the samples before the court, the appellant is entitled to benefit
of doubt.
the samples and the contraband were produced before the
court only on 17.11.2003 even though the seizure was effected on 12.11.2003.
CRL.A.No.635 of 2007
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CRL.A.No.635 of 2007
the court and analysed in the laboratory were the samples
drawn from the contraband seized from the appellant, particularly when there is no evidence with regard to the safe custody of the samples till their production before the court. In the said circumstances, there is no link evidence connecting the appellant with the samples analysed in the laboratory. Consequently, the conviction and sentence passed by the court below, relying on Ext.P7 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/02.08.2019
1 issue framed by the court
Whether the unexplained delay in producing seized samples before the court and lack of chain of custody breaks the link evidence against the appellant.
VIJAYAN
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
