Sasi Alias Meeran Sasi vs State Of Kerala
2021 Latest Caselaw 8388 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                      CRL.A.No.1409 OF 2007

   SC 41/2002 OF ADDITIONAL SESSIONS COURT, KOTTARAKKARA


APPELLANT/S:

      1        SASI ALIAS MEERAN SASI
               S/O.RAGHAVAN, PULIVILA VEEDU, VILAKKUVATTOM
               MURI, VALACODU VILLAGE, KOLLAM DISTRICT.

      2        PROJI, S/O. BHASKARAN
               SINDHU BHAVAN, PATHECACRE, CHALIYAKKARA, EDAMON
               VILLAGE, KOLLAM DISTRICT.

               BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENT/S:

               STATE OF KERALA
               REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA,, ERNAKULAM.

               R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

               SMT. M.K.PUSHPALATHA, SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No.CRL.A.No.1409   OF 2007

                                  -2-




                            JUDGMENT

The appellants were convicted and sentenced by the court below under Sections 55(a) and (i) of the Abkari Act.

2. The prosecution allegation is that on 16.9.1999 at about 4 p.m., the appellants were found in possession of about 1.4 litres of arrack for the purpose of sale, in contravention of the provisions of the Abkari Act.

3. Heard.

4. The learned counsel for the appellants has argued that since no forwarding note was produced or marked in this case, the appellants are entitled to be acquitted.

5. It appears that no forwarding note was produced and marked in this case.

6. In Sasidharan v. State of Kerala [2007 (1) KLT 720], the Court observed thus:

"Without the link evidence of actual sampling by the concerned clerk of the court by drawing sample from the can and sending Case No.CRL.A.No.1409 OF 2007

the same in a sealed packet to the Chemical Examiner with a specimen seal sent separately for tamper proof despatch, the Prosecution cannot be held to have brought home the offence against the appellant."

7. In Ravi v. State of Kerala [2011 (3) KLT 353], the Division Bench of this Court held that the prosecution in a case under the Abkari Act could succeed only if it is shown that the contraband liquor which was allegedly seized from the accused ultimately reached the hands of the chemical examiner by change of hands in a tamper proof condition.

8. Since no forwarding note was produced and marked in this case, the prosecution could not establish the tamper - proof despatch of the samples to the laboratory. In the said circumstances, there is no satisfactory link evidence to show that the same samples which were drawn from the contraband seized from the appellants, which eventually reached the hands of the chemical examiner by change of Case No.CRL.A.No.1409 OF 2007

hands in a tamper - proof condition. In the said circumstances, there is no link evidence connecting the appellants with the samples analysed in the laboratory. Consequently, the conviction and sentence passed by the court below on the basis of Ext.P6 Certificate of Chemical Analysis, cannot be sustained.

In the result, this Criminal Appeal stands allowed, setting aside the conviction and sentence passed by the court below and the appellants stand acquitted. The bail bonds of the appellants stand discharged.

SD

B. SUDHEENDRA KUMAR, JUDGE.

dl/