Sandeep v. State of Kerala
Case brief
What is this about?
High Court of Kerala considered Criminal Appeal regarding conviction for transporting spirit. Court held unexplained delay and failure to examine sample custodians created reasonable doubt. Acquitted appellant.
What did the court decide?
Accused acquitted of the offence alleged and set at liberty.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA,
1944
CRL.A NO. 1151 OF 2008
AGAINST THE ORDER/JUDGMENT AND CONVICTION DATED 15.05.2008 PASSED BY THE LEARNED ADDITIONAL DISTRICT COURT (ADHOC)-II,
KALPETTA, IN SC 71/2006
APPELLANT/ACCUSED NO.2:
SANDEEP S/O.KUNJUMON, PUTHOTTU VEEDU, KOLERI P.O., CHIRATTAYAMBAM, PUTHODI VILLAGE, SULTHAN BATHERL TALUK, WAYANAD DISTRICT.
BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J.
Issues for consideration
3 issues framed by the court
Whether the prosecution established the genuineness of the sample produced before the Court given the unexplained delay.
Whether the non-examination of officials who handled the sample between seizure and laboratory analysis is fatal to the prosecution.
Whether the absent link evidence between the accused and the seized contraband warrants acquittal.
Parties & counsel
- appellant
SANDEEP S/O.KUNJUMON
- respondent
STATE OF KERALA
Coram
K. BABU
Case details
As recorded by the court registry
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