Criminal appeal allowed. The court acquitted the appellant because the prosecution failed to produce a forwarding note, breaking the chain of evidence regarding the tamper-proof despatch of the seized arrack sample to the laboratory for chemical analysis.
Conviction and sentence set aside; appellant acquitted; bail bond discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 06TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941
CRL.A.No.947 OF 2006
AGAINST THE ORDER/JUDGMENT IN SC 212/2004 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT IN CP 2/2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM
APPELLANT/S/ACCUSED:
CHELLAPPAN S/O.KOCHUCHERUKKAN,, KOTTAKKATTU VADAKKE THARAYIL HOUSE,, KEERIKADU THEKKUM MURI,, KEERIKADU VILLAGE.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN
RESPONDENT/S/STATE AND COMPLAINANT:
SMT.V.SREEJA,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.A.No.947 OF 2006
2
JUDGMENT
The appellant was convicted and sentenced by the court
below under Section 8(2) of the Abkari Act.
that since no forwarding note was produced and marked before
the court, the appellant is entitled to benefit of doubt.
marked before the court 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 any
guarantee that the sample produced before the court and
3
CRL.A.No.947 OF 2006
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. Consequently, the conviction and sentence passed by the court below, relying on Ext.P5 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/07.08.2019
1 issue framed by the court
Whether conviction can be sustained in absence of forwarding note connecting seized sample to laboratory analysis.
CHELLAPPAN S/O.KOCHUCHERUKKAN
STATE OF KERALA
THE SUB INSPECTOR KAYAMKULAM
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
