The High Court allowed the appeal against conviction under Section 8(2) of the Abkari Act. The Court held that conviction cannot be sustained when the accused was not put through a T.I. parade and identification evidence was flawed.
The appellants are acquitted, set at liberty, and previous deposits are to be disbursed.
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 K. BABU
FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA,
1944
CRL.A NO. 1878 OF 2008
AGAINST THE ORDER/JUDGMENTSC 153/2007 OF SPECIAL COURT
(NDPS ACT CASES), THODUPUZHA
APPELLANTS/ACCUSED:
1 BINISH,S/O VASU. MOLAYIL HOUSE, MEETHOTTIL KARA, VELLIAMATTOM VILLAGE,, THODUPUZHA.2 BIJU S/O KRISHNAN SANKUPURATHIL HOUSE, METHOTTI KARA, VELLIAMATTOM VILLAGE,, THODUPUZHA.BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.L.RAJESH NARAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY
INSPECTOR OF POLICE KORATTY POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,, HIGH COURT OF
KERALA AT ERNAKULAM.
OTHER PRESENT:
SMT REKHA S.SR PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.A NO. 1878 OF 2008
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JUDGMENT
Aggrieved by the judgment dated 19.08.2008, passed by the Additional Sessions Court, Thodupuzha in Sessions Case No.153/2007, the two accused have preferred this appeal. The appellants were convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of six months each and pay a fine of Rs.1 Lakh each.
..3..
CRL.A NO. 1878 OF 2008
under Section 8(2) of the Abkari Act. The accused pleaded not guilty to the charge and therefore, they came to be tried by the trial Court for the aforesaid offence.
CRL.A NO. 1878 OF 2008
..4..
respondent.
glimpse of the persons who ran away from the scene.
CRL.A NO. 1878 OF 2008
..5..
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CRL.A NO. 1878 OF 2008
conviction entered by the Court below overlooking these vital aspects of the matter cannot therefore be sustained. The appellants/accused are therefore found not guilty of the offence punishable under Section 8(2) of the Abkari Act.
In the result,
per law.
Sd/- K. BABU, JUDGE
kkj
2 issues framed by the court
Whether conviction is sustainable when prosecution fails to establish identity of accused without a test identification parade.
Whether lone testimony of official witnesses who identified accused in the box for the first time is sufficient for conviction.
Colour shows how this judgement treated each authority
Kanan and others v. State of KeralaExplained¶38
Kanan and others v. State of Kerala (AIR 1979 SC 1127) · Who else cites this
Jameel v. State of MaharashtraReferred¶38
Jameel v. State of Maharashtra [AIR 2007 SC 971] · Who else cites this
Raja v. State by Inspector of PoliceReferred¶38
Raja v. State by Inspector of Police [AIR 2020 (SC) 254] · Who else cites this
State (Delhi Administration) v. V.C.Shukla and anotherReferred¶38
State (Delhi Administration) v. V.C.Shukla and another [AIR 1980 (SC) 1382] · Who else cites this
Mohd.Abdul Hafeez v. State of APReferred¶38
Mohd.Abdul Hafeez v. State of AP [AIR 1983 (SC) 367] · Who else cites this
3 provisions across 2 enactments
BINISH, S/O VASU
BIJU, S/O KRISHNAN
STATE OF KERALA
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. BABU
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