In this criminal appeal concerning possession of contraband under the Abkari Act, the High Court held that the absence of a forwarding note prevented the prosecution from proving the chain of custody. Consequently, the conviction and sentence were set aside, and the appellant was acquitted.
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
WEDNESDAY, THE 24TH DAY OF JULY 2019 / 2ND SRAVANA, 1941
CRL.A.No.977 of 2006
AGAINST THE ORDER/JUDGMENT IN SC 211/2004 of ADDITIONAL DISTRICT COURT (ADHOC), TRIVANDRUM DATED 27-04-2006
AGAINST THE ORDER/JUDGMENT IN CP 78/2003 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
APPELLANT/S:
SUMA
D/O BHYRAVI, KUNNUVILA VEEDU, MANALAKAM,, KEEZHTHONNAKKAL, THIRUVANANTHAPURAM.
BY ADVS.
SRI.NAGARAJ NARAYANAN SRI.A.G.GIRISH KUMAR SRI.A.S.SABU SRI.SAIJO HASSAN
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. Crl.A.977/2006
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JUDGMENT
The appellant was convicted and sentenced by the
court below under Section 55(a) of the Abkari Act.
about 7 a.m., the appellant was found in possession of 2½
litres of arrack, in contravention of the provisions of the
Abkari Act.
that since no forwarding note was produced and marked
before the court in this case, the appellant is entitled to
benefit of doubt.
produced and 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
Case No. Crl.A.977/2006 -3-
laboratory. In the said circumstances, there cannot be any
guarantee that the sample produced before the court and 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. Therefore, the conviction and sentence passed by the court below, relying on Ext.P3 Certificate of Chemical Analysis, cannot be sustained and consequently, I set aside the same.
In the result, this 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 .
dl/
3 issues framed by the court
Whether the conviction and sentence can be sustained in the absence of a forwarding note linking the seized sample to the one analysed in the laboratory.
Whether the lack of a forwarding note establishes a benefit of doubt for the appellant.
Whether to set aside the conviction and sentence and grant acquittal.
1 provisions across 1 enactments
SUMA
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
