Girish v. State of Kerala
Case brief
What is this about?
Criminal appeal against conviction under the Kerala Abkari Act. Court allowed appeal and acquitted appellants due to prosecution failure to prove tamper-proof collection and despatch of seized liquor sample.
What did the court decide?
Conviction and sentence set aside; appellants acquitted; bail bond cancelled; appellants set at liberty; fine deposited refunded.
What the court decided
Crl. Appeal No. 1807/2007
: 1 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 CRL.A NO. 1807 OF 2007
AGAINST THE JUDGMENT DATED 26.09.2007 IN SC 860/2003 OF ADDITIONAL DISTRICT COURT (ADHOC), MAVELIKKARA
APPELLANTS/ACCUSED:
- 1 GIRISH, RATHEESH BHAVANAM, KANDIYOOR MURI, MAVELIKARA VILLAGE.
- 2 RATHEESH KALLELIL PARAMBIL VEEDU KOTTACKAKOM MURI, MAVELIKARA VILLAGE.
BY ADVS. SRI.JOHN BRITTO SRI.C.A.RAJEEV
RESPONDENT/COMPLAINANT:
Issues for consideration
3 issues framed by the court
Whether the conviction is sustainable when the prosecution fails to provide specimen seal impressions in the seizure mahazar and property list.
Whether the delay in producing the sample before the chemical examiner and absence of police constable name in forwarding note breaks the chain of custody.
Whether the absence of evidence regarding tamper-proof despatch of the sample negates the link between seized contraband and the chemical analysis report.
Parties & counsel
- appellant
GIRISH RATHEESH
- appellant
RATHEESH KALLELIL
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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