Saneesh v. State of Kerala
Case brief
What is this about?
Appeal against Chapter 8(2) Abkari Act conviction where the High Court acquitted three accused due to fatal lapses in the chain of custody of seized arrack and failure to prove analysis validity.
What did the court decide?
Appellants acquitted; impugned judgment of conviction and sentence set aside; accused set at liberty; deposited amounts to be disbursed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
CRL.A NO. 1095 OF 2009
AGAINST THE ORDER/JUDGMENT DATED 16.06.2009 IN SC NO.675
OF 2007 OF ADDITIONAL DISTRICT COURT(ADHOC II), THRISSUR
APPELLANT/S:
1 SANEESH. S/O KRISHNANUNNY KADAMAMKULAM HOUSE, CHITTANDA DESOM, VILLAGE,, TALAPPILLY.
2 SANDEEP S/O.KRISHNANKUTTY PUTHUKUDIYIL HOUSE, MANGADU DESOM,, KOTTAPPURAM VILLAGE, TALAPPILLY.
3 SANTHOSH S/O.KRISHNANUNNY KADAMAMKULAM HOUSE, CHITTANDA DESOM, VILLAGE,, TALAPPILLY. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA
RESPONDENT/S:
STATE OF KERALA
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,,
ERNAKULAM.
Issues for consideration
3 issues framed by the court
Whether the prosecution successfully established the chain of custody of the seized contraband substance.
Whether the failure to examine officials handling the sample and the absence of seal details vitiated the conviction.
Whether the laboratory report could be relied upon when the chain of custody was not authenticated.
Parties & counsel
- appellant
SANEESH
- appellant
SANDEEP
- appellant
SANTHOSH
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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