The Kerala High Court allowed a criminal revision petition where the convexion under Section 58 of the Abkari Act was set aside. The court held that the absence of the mandatory forwarding note in evidence was fatal to the prosecution, resulting in the accused's acquittal.
The conviction and sentence of the accused are set aside and he is acquitted.
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 BECHU KURIAN THOMAS
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
CRL.REV.PET NO. 3293 OF 2003
AGAINST THE ORDER/JUDGMENT CRA 3/1996 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA
ST 62/1994 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
REVISION PETITIONER/APPELLANTS/ACCUSED :
VARGHESE KOSHY
CHAITHANYA HOUSE,
SEETHATHODU CHITTAR, RANNY,
PATHANAMTHITTA DISTRICT
BY ADV SRI.V.PHILIP MATHEW
SRI.ABY SKARIA
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.2 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, RANNISRI.NOUSHAD K.A., PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 3293 OF 2003
2
BECHU KURIAN THOMAS, J
......…..................................
Crl.R.P.No.3293 of 2003
….................................. Dated this the 6th day of July, 2023
ORDER
Revision petitioner is the accused in S.T.No.62/1994 on the files of
the Judicial First Class Magistrate Court, Ranny. Petitioner was alleged to have committed the offences punishable under Section 58 of the Abkari Act, 1077. By judgment dated 13.12.1995 the
revision petitioner was found guilty and was convicted to undergo rigorous imprisonment for three months. In appeal, to the Sessions Court (Adhoc) Fast Track Court-II, Pathanamthitta, as Crl.Appeal No.3/1996, the learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Hence, this revision petition.
the accused was found in possession of 2 ltrs. of illicit liquor and thus committed the offence alleged.
examined and marked Ext.P1 to Ext.P7. The learned Magistrate,
CRL.REV.PET NO. 3293 OF 2003
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after analysing the evidence adduced, found the accused guilty and sentenced him to undergo imprisonment as mentioned earlier. The conviction and sentence imposed were confirmed by the learned Sessions Judge in appeal.
CRL.REV.PET NO. 3293 OF 2003
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The revision petition is allowed as above.
AMV/07/07/2023
2 issues framed by the court
Whether the absence of the forwarding note in evidence renders the prosecution case fatally incomplete.
Whether the conviction and sentence should be set aside due to non-mentioning of the mandatory forwarding note.
Colour shows how this judgement treated each authority
Sathi v. State of KeralaReferred¶35
Sathi v. State of Kerala 2007 (1) KHC 778
Kumaran Narayanan and Others v. State of KeralaReferred¶35
Kumaran Narayanan and Others v. State of Kerala 2022 (3) KLJ 982
1 provisions across 1 enactments
VARGHESE KOSHY
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court