Kerala High Court
Sasi vs State Of Kerala on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
CRL.A.No.492 OF 2006
AGAINST THE JUDGMENT IN SC 191/2002 DATED 20-02-2006 OF
ADDITIONAL DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC),
MAVELIKARA
AGAINST CP 15/2002 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
MAVELIKKARA
APPELLANT/ACCUSED:
SASI,
S/O. SANKARAN,AGED 49 YEARS
KOCHAPPALLI THARAYIL,
BHARANIKAVU SOUTH, KATTANAM VILLAGE,
MAVELIKKARA.
BY ADV. SRI.R.REJI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
REPRESENTING THE EXCISE INSPECTOR,
EXCISE RANGE,
MAVELIKKARA.
SMT.SYLAJA S.L., PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15-02-
2021, THE COURT ON 19-02-2021 DELIVERED THE FOLLOWING:
Crl.Appeal No.492/06 -:2:-
JUDGMENT
Dated this the 19th day of February, 2021
Appellant challenges the conviction and sentence imposed on
him by judgment dated 20.2.2006 in S.C. No.191 of 2002 on the files
of the Additional Sessions Court, Fast Track (Adhoc), Mavelikkara.
By the impugned judgment, the accused has been found guilty for
the offence under Sections 8(1), (2) and 55(a) of the Abkari Act and
sentenced to undergo rigorous imprisonment for a period of 3 years
and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to
undergo rigorous imprisonment for 1 year.
2. The prosecution case was that on 17.10.2000 at around
10.30 a.m., the Excise Circle Inspector, Mavelikkara, while on patrol
duty, found the accused in possession of 4 litres of illicit arrack in a
plastic can having a capacity of 5 litres.
3. After completion of the seizure, arrest and investigation, final
report was filed arraying the accused for the offence under Sections
8(1), (2) and 55(a) of the Abkari Act. The learned Magistrate on
noticing that the case was one exclusively triable by court of
sessions, committed the case for trial to the Sessions Court.
4. The prosecution examined PW1 to PW6 and marked Ext.P1
to Ext.P7, apart from MO1.
5. After analysing the evidence adduced in the case, learned
Sessions Judge found the accused guilty of the offence alleged and
sentenced him to undergo imprisonment and fine, as mentioned
above.
6. I have heard the learned counsel for the appellant as well as
Smt.S.L.Sylaja, learned Public Prosecutor.
7. It is settled by a catena of decisions of this Court that failure
to produce the forwarding note is fatal to the prosecution case.
Reference can be made to the decisions in Smithesh v. State of
Kerala (2019 (2) KLT 974), Sadasivan @ Para v. State of Kerala
and Another (2020 KHC 478) and Sajeevan v. State of Kerala
(2020 (6) KLT 53).
8. This is yet another instance where the prosecution failed to
bring home the guilt of the accused by failing to produce the
forwarding note. Without the forwarding note marked in evidence,
the chain of circumstances, through which the seized contraband
reached the forensic laboratory cannot be proved without a shadow
of doubt. Since the forwarding note was not marked in evidence, the
prosecution in the instant case cannot be said to inspire confidence
of this Court for the purpose of entering conviction on the accused.
In the aforesaid circumstances the accused is entitled to the benefit
of doubt.
9. Accordingly, the conviction and sentence imposed on the
accused in S.C. No.191 of 2002 on the files of the Additional
Sessions Court, Fast Track (Adhoc), Mavelikkara is hereby set aside
and the appellant is acquitted. The bail bonds, if any, executed shall
stand cancelled and the fine amount, if any, remitted shall be
refunded forthwith.
The appeal is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
/True Copy/ PS to Judge
