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IN THE HIGH COURT OF KERALA
ALEXANDER THOMAS, J.
State of Kerala - Appellant
v.
Odiase Austin Goubadia - Respondent
Crl. A. Nos.605 and 673 of 2014
Decided On : 25-11-2014
Wild Life (Protection) Act 1972 - Section 50( 4) - Practice and Procedure - seized contraband - Power of entry, search, arrest and detention - Evidence of expert - Duties of prosecution - Explained -Held, It was the bounden duty of the prosecution through its scientific expert witness to lead evidence in clear understandable terms to the court as to the efficacy of the scientific methods adopted and to convince that it is one of the best and safe method to come to a conclusion that the seized contraband sample is snake venom etc - The long and unexplained delay in sending the seized articles to the court is in violation of the mandatory provisions of Section 50(4) of the Wild Life (Protection) Act.
Key Points: - The court analyzes whether PW-10’s mass spectrometry-based conclusion (Ext.P14) can conclusively prove that the seized samples are snake venom beyond reasonable doubt. (!) (!) (!) - The judges critique the lack of clarity on whether additional corroborating methods (e.g., chromatography) were used and whether the prosecution convincingly explained the scientific methodology to the court. (!) (!) (!) - The judgment emphasizes the mandatory nature of producing seized articles before the Magistrate promptly under S.50(4) and finds unexplained delays and tampering risks in sampling and custody. (!) (!) (!) - It holds that the sampling process, delays, and potential mismatches between seizure, sampling, and court production undermine the reliability of Ext.P14 and related evidence. (!) (!) (!) - The court cites Mohanan, Rajamma, and Ravi decisions to support requirements for timely production, foolproof sampling, and tamper-proof custody to sustain conviction under S.51. (!) (!) (!) - The conclusion is that Ext.P14 and PW-10’s evidence do not amount to proof beyond reasonable doubt of snake venom, leading to acquittal of accused under S.51. (!) (!) (!)
1. These appeals arise out of the impugned common judgment dated 3.5.2014 of the Additional Sessions Court, Muvattupuzha, in Crl. Appeal No.565/2013 and Crl. Appeal No.558/2013 respectively. The aforementioned appeals on the file of the Sessions Court concerned arose out of the impugned judgment dated 23.10.2013 of the Judicial First Class Magistrate’s Court No.1, Perumbavoor, in C.C.No.1420/2012, whereby the accused therein have been convicted of the offence under S.51(1) of the Wild Life (Protection) Act and have been ordered to undergo the sentence of three years imprisonment and a fine of rupees ten thousand each.
2. The crux of the prosecution allegation is as follows:-PW-1 (one Sri. C.D. Jose) was working as the Superintendent of Air Intelligence of Cochin International Airport, Nedumbassery, Ernakulam district on 26.1.2012. That the two accused herein came to the domestic terminal of the said airport on 26.1.2012 for boarding the Jet Airways Flight to Chennai and when the trolley bag of A-1 (an Ecuadorian citizen) was put through the scanner, the authorities were suspicious about the contents of his bag and accordingly, the bag was opened and examined. When A-2 (a Nigerian citizen) noted that A-1 is intercepted by the Customs officials, A-2 immediately left the airport and proceeded to Chennai by train. Later A-2 was taken into custody by the Customs officials from Chennai on 27.1.2012 early morning and was brought to the Cochin International Airport, Nedumbassery, Ernakulam, on 28.1.2012 at 8 a.m. A-1’s bag was examined as stated above whereupon it was found that it contained one black colour suit case and on opening the same, it was found it contained a black plastic wallet. When the plastic wallet was opened, it was found that there were 16 sachets made out of condoms containing a light cream coloured liquid and one among the 16 sachets was found broken. The Customs Officials could not exactly identify the liquid, But PW-1 proceeded as if the contraband was some narcotic drug. Thereupon, PW-1 (Superintendent of the Air Intelligence Customs) contacted various Government departments including the Forest Department of the Government of Kerala in order to exactly ascertain about the nature of the contraband. A-1 was arrested and detained by PW-1 on 26.1.2012 at 6 p.m. Accordingly, the material objects were also detained by PW-1 on that day. On getting information from PW-1, the material objects containing the above said sachet and other objects were inspected by PW-2 (Divisional Forest Officer, Malayattur) after the latter had reached the office of PW-1 in the airport premises on 27.1.2012 for that purpose. According to the prosecution, PW-2 (Divisional Forest Officer) opined that the liquid contained in the sachets is snake venom, which is a prohibited article under the provisions of the Wile Life (Protection) Act, 1972. As stated above, on the next day, viz., 28.1.2012, 8 a.m., that A-2 was brought over to the Cochin Airport premises, after his arrest and interception at Chennai on 27.1.2012 early morning. PW-9 (Range Officer, Kalady, who is the investigating officer) went to the Cochin Airport on 28.1.2012, as instructed by her superior (PW-2-DFO) and thereupon PW-9 (Range Officer) took possession of both the accused and the material objects and on her reaching back the Range Office concerned, had registered a crime as O.R.No.1/2012 of Karakkad Forest Station, Ernakulam district, alleging offence punishable under S.51 of the Wild life (Protection) Act, 1972.
3. PW-9 completed the process of preparation of Ext.P-11 mahazar on 28.1.2012 at about 5 p.m. PW-9 produced A-1 and A-2 before the jurisdictional Magistrate on 28.1.2012 at around 11 p.m., along with the Form I report. A-1 and A-2 were thus remanded to custody on 28.1.2012. For further investigation, the custody of A-1 and A-2 were obtained from the c
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