IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
CRL.REV.PET NO. 1783 OF 2007
AGAINST THE JUDGMENT in CRA 461/2006 OF ADDITIONAL DISTRICT
& SESSIONS COURT, VADAKARA
SC 392/2004 OF SESSIONS COURT, KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
CHANDRAN P, S/O KELAPPAN
AGED 43 YEARS
PULLIYANKOTTUMEETHAL, PONMERI AMSOM DESOM,
VATAKARA TALUK.
BY ADVS.
SRI.PULIKKOOL ABUBACKER
SMT.RAKHI K.KUMAR
SRI.ZUBAIR PULIKKOOL
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY EXCISE INSPECTOR, VATAKARA THROUGH
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.R.P.No.1783/2007
-:2:-
O R D E R
Dated this the 10th day of August, 2022 This criminal revision is directed against the judgment dated 16/3/2007 in Crl.Appeal No.461/2006 on the file of the Additional District and Sessions Court, Vadakara (for short, the appellate court) confirming the judgment dated 19/6/2006 in SC No.392/2004 on the file of the Sessions Court, Kozhikode (for short, the trial court).
2. The prosecution case in short is that on 29/6/2001, at about 3.30 p.m, the accused, a passenger in Bus No.KL-11 A/8586, was found in possession of Indian Made Foreign Liquor illegally imported from the State of Pondicherry and contained in four bottles of 375 ml capacity and two bottles of 180 ml capacity in contravention of the Abkari Act and Rules and thereby committed the offence.
3. On receipt of summons, the accused appeared at the court below. After hearing both sides, the court below framed charge under S. 55(a) of the Abkari Act. The charge was read Crl.R.P.No.1783/2007 -:3:- over and explained to the accused who pleaded not guilty. On the side of the prosecution, PWs1 to 5 were examined and Exts. P1 to P7 were marked. On the side of the defence, Ext.D1 was marked. MO1 and MO2 were also marked. On appreciation of the evidence, the trial court found the accused guilty under Section 55(a) of the Abkari Act and he was convicted for the said offence. The trial court sentenced him to undergo rigorous imprisonment for one year and to pay a fine of `1,00,000/-, in default, to suffer rigorous imprisonment for a further period of six months. The appellate court confirmed the conviction and sentence passed by the trial court. Aggrieved by the conviction and sentence passed by the courts below, this revision petition has been preferred.
4. Heard both sides.
5. The learned counsel for the revision petitioner impeached the finding of guilt passed by the courts below on the ground that the mahazar does not contain seal or its description.
6. The learned Public Prosecutor, on the other hand, supported the findings and verdict of the courts below and submitted that the prosecution has succeeded in proving the Crl.R.P.No.1783/2007 -:4:- case beyond reasonable doubt.
7. The learned counsel contended that there is no sample seal in the mahazar. This Court in K.Bhaskaran v. State of Kerala (2020(5) KLT Online 1057) has held that the specimen seal shall be provided in the seizure mahazar and also in the forwarding note, so as to enable the court to satisfy the genuineness of the sample produced in the court. It was also observed in the said judgment that the nature of the seal used shall be mentioned in the seizure mahazar. A perusal of Ext.P1 mahazar would show that it does not contain the sample seal or the description of the seal used.
8. The aforesaid vital aspect was not taken into consideration by the courts below while appreciating the prosecution case. For the reasons stated above, I am of the view that the conviction and sentence passed by the courts below suffer from illegality and it cannot be sustained.
In the result, the criminal revision petition stands allowed. The conviction and sentence passed by the courts below vide the impugned judgments are set aside. The revision petitioner is Crl.R.P.No.1783/2007 -:5:- found not guilty of the offences charged against him and accordingly he is acquitted. His bail bond is cancelled.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE Rp