Kerala High Court
Haibin vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 3582 OF 2024
CRIME NO.1520/2020 OF ERAVIPURAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.265 OF 2022
OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,KOLLAM
PETITIONER/2ND ACCUSED:
HAIBIN
AGED 34 YEARS
S/O NELSON, ESTHALD PARAMBIL VEEDU,
CYMS THANGASSERY, KOLLAM WEST VILLAGE,
THANGASSERY PO, KOLLAM, PIN - 691 007.
BY ADVS.
C.R.JAYAKUMAR
M.RAJESH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE SUB INSPECTOR OF POLICE
ERAVIPURAM POLICE STATION, ERAVIPURAM PO, KOLLAM
DISTRICT, PIN - 691 011.
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 3582 of 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.3582 of 2024
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Dated this the 3rd day of October, 2024
ORDER
Petitioner was the 2nd accused in S.C.No.265/2022 on the
files of Sessions Court, Kollam which arises out of Crime
No.1520/2020 of Eravipuram Police Station. During the course of
proceedings, the petitioner absconded and hence the case against
him was split up while the remaining accused were proceeded
against. By judgment dated 24.07.2023 all other accused were
acquitted. Petitioner seeks benefit of acquittal of co-accused.
2. According to the prosecution, on 09.05.2020 the
accused were found in possession of 15 litres of wash in an
aluminum pot having a capacity of 35 litres for the purpose of
making arrack kept inside the bathroom of the house of the 5 th
accused and thereby the accused committed the offence under
Section 55(g) of the Kerala Abkari Act.
3. I have heard Sri.C.R. Jayakumar, the learned counsel for
the petitioner as well as Sri.C.N.Prabhakaran, the learned Public
Prosecutor.
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4. On a reading of the judgment of acquittal of accused
Nos.1, 3, 4 and 5 in S.C.No.265/2022, this Court notices that the
trial court had observed that the specimen seal was not found on
the forwarding note and further that the forwarding note itself was
only photocopy which was produced before the Court. Considering
the nature of offences alleged, absence of specimen seal on the
forwarding note is fatal to the prosecution and therefore the very
substratum of the prosecution case even against the petitioner
stands destroyed and no purpose will be achieved by continuing
the prosecution. I am satisfied that the prosecution of the
petitioner will not serve any purpose and it is required to be
quashed.
5. Accordingly all further proceedings in
S.C.No.1051/2023 of Assistant Sessions Court, Kollam arising out
of Crime No.1520/2020 of Eravipuram Police Station, Kollam is
hereby quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
SCB JUDGE
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PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE CHARGE SHEET IN CRIME
NO. 1520/2020 OF ERAVIPURAM POLICE
STATION DATED 27.10.2020.
Annexure II A CERTIFIED COPY OF THE JUDGMENT IN SC
NO. 265/2022 DATED 24.07.2023 ON THE
FILES OF THE COURT OF ASST SESSIONS
JUDGE, KOLLAM.
