Kerala High Court
Radhakrishnan vs State Of Kerala on 9 April, 2021
CRL.A.2183/2006 &
CRL.A.2265/2006 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
CRL.A.No.2183 OF 2006
AGAINST THE JUDGMENT IN SC 1179/2003 DATED 27-10-2006 OF
ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC)-II, KOLLAM
CP 95/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA
APPELLANT/2ND ACCUSED:
RADHAKRISHNAN, S/O. KUMARAN,
PADMAVILASATH VEEDU, KIZHAKKEMURI,
THAMARAKULAM VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE S.I. OF POLICE,
SOORANADU POLICE STATION, (CRIME NO.45/2000)
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. S.L. SYLAJA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH CRL.A.2265/2006, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
CRL.A.2183/2006 &
CRL.A.2265/2006 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
CRL.A.No.2265 OF 2006
AGAINST THE JUDGMENT IN SC 1179/2003 DATED 27-10-2006 OF
ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC)-II, KOLLAM
CP 95/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA
APPELLANT/1ST ACCUSED:
KRISHNAPILLAI, S/O. VELUPILLAI,
SATHEESH BAVANATHIL, PATHIRIKKAL MURI,
SOORANDU VADAKKU VILLAGE,
KOLLAM DISTRICT.
BY ADVS.
SRI. K.SIJU
SRI.S.SUDHEESHKAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY SUB INSPECTOR OF POLICE, SOORANADU POLICE,
STATION THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. S.L. SYLAJA PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH CRL.A.2183/2006, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
CRL.A.2183/2006 &
CRL.A.2265/2006 3
JUDGMENT
[ CRL.A.2183/2006 & CRL.A.2265/2006 ]
Dated this the 9th day of April 2021
The 1st and 2nd accused in SC.No.1179/2003 on the file of the
Additional District and Sessions Court (Adhoc) II, Kollam, have
filed Crl.A.Nos.2265/2006 and 2183/2006 respectively, being
aggrieved by the judgment dated 27.10.2006, whereby they have
been found guilty of offence punishable under sections 55(i) and
8(1) of the Abkari Act and have been convicted and sentenced to
undergo rigorous imprisonment for a period of three years and to
pay a fine of Rs.1,00,000/- (One lakh) each and in default of
payment of fine, to undergo simple imprisonment for a further
period of one year.
2. The case of the prosecution is that the Sub Inspector of
Police, Sooranadu Police Station got information on 22.6.2000 that
arrack has been stored in a house belonging to the 1 st accused and
that it is kept for the purpose of sale. On searching the house, the
Police found a can which contained about 4 litres of arrack and
other materials used for sealing Polythene covers. Before the court
CRL.A.2183/2006 &
below, the prosecution examined PW1 to PW6 and Exts.P1 to P5
were marked. On the basis of the evidence on record, the court
below found the accused guilty of the offence, convicted the
accused and imposed the sentence referred above.
3. Heard Sri C.Rajendran, learned counsel on behalf of the
appellant in Crl.A.No.2183/2006, Sri Siju Kamalasanan, learned
counsel on behalf of the appellant in Crl.A.No.2265/2006 and
Smt.Shylaja, learned Public Prosecutor on behalf of the State.
4. Even though several contentions have been raised in the
memorandums of appeal, I find that the appellants are entitled to
succeed on the sole ground that the forwarding note which has
been used to forward the sample for chemical analysis has not
been produced, proved and marked in the case. This Court has
held that failure to produce the forwarding note and mark the
same will lead to a situation where the court will not be able to
hold that the prosecution has proved beyond any reasonable doubt
that the very same sample which was taken at the scene of
occurrence had reached the Chemical Examiner for analysis in a
tamper proof condition. (See Unnikrishnan Nair v. State of
Kerala [2020 (3) KHC 455] and Sadasivan @ Para v. State of
Kerala [2020 KHC 478]
CRL.A.2183/2006 &
5. In the light of the settled legal position and on the facts of
the case, the appellants are entitled to succeed. The judgment
dated 27.10.2006 in S.C.No.1179/2003 on the file of the Additional
District and Sessions Court (Adhoc) II, Kollam is set aside. The
appellants are acquitted and set at liberty. Bail bonds if any
executed by the appellants or on their behalf are cancelled.
The appeals stand allowed.
Sd/-
T.R.RAVI, JUDGE
dsn
