Prashoban vs The State Of Kerala
2021 Latest Caselaw 6713 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

 THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       CRL.A.No.986 OF 2006

    AGAINST THE JUDGMENT DATED 12.05.2006 IN SC 713/2001 OF
       ADDITIONAL SESSIONS COURT (ABKARI), KOTTARAKKARA

APPELLANT/ ACCUSED :

            PRASHOBAN,
            S/O BHASKARAN,(NOW RESIDING AT SANYASIKONAM,
            CHARUVILA PUTHEN VEEDU), BHASKARA VILASOM VEEDU,
            SANYASIKONAM, KAMPILINE, KARAVOOR MURI,
            PIRAVANTHOOR VILLAGE.

            BY ADV. SRI.JOHNSON GOMEZ

RESPONDENT/ COMPLAINANT :

            THE STATE OF KERALA,
            REP.BY THE PUBLIC PROSECUTOR,
            HIGH COURT THROUGH THE SUB INSPECTOR OF POLICE,
            PATHANAPURAM.

            BY SENIOR PUBLIC PROSECUTOR SRI.P.K.BABU


     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No.986 OF 2006

                                    2




                              JUDGMENT

Dated this the 25th day of February 2021

The solitary point raised by the counsel for the appellant

Sri.Mahesh Chandran appearing on behalf of Adv.Johnson Gomez is

that, the forwarding note has not been produced or marked by the

prosecution. He further contended that as held in Smithesh v.

State of Kerala [2019 (2) KLT 974], Sajeevan v. State of

Kerala [2020 (6) KLT 53] and Sadasivan @ Para v. State of

Kerala and Another [2020 KHC 478], absence of the forwarding

note being fatal to the prosecution case, the accused is entitled to be

acquitted.

2. This appeal arises from a crime alleged to have been

detected on 14.10.1999 when the accused was allegedly found to be

in possession of 2.5 liters of arrack carried in a black can, and

indulging in sale of the same. After registering the crime and

completing the investigation, the case was committed to the Sessions

Court where the prosecution examined PWs 1 to 3 and marked

Exts.P1 to P5 apart from material objects MOs 1 and 2. The learned

Sessions Judge found the accused guilty for the offence under CRL.A.No.986 OF 2006

Section 55(a) of the Abkari Act and imposed a sentence of

imprisonment of two years and to pay a fine of Rs.1,00,000/- in

default to undergo simple imprisonment for three months.

3. As mentioned earlier, in the absence of a forwarding

note, the prosecution case has no legs to stand. Indisputably the

forwarding note has not been marked in this case. The very edifice

of the prosecution case therefore falls.

Therefore, I set aside the conviction and sentence imposed

on the accused in S.C.No.713/2001 on the files of the Additional

Sessions Court (Abkari), Kottarakkara and acquit the accused. The

bail bonds furnished, if any shall stand cancelled and the fine

amount, if remitted will be refunded forthwith.

The appeal is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM