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2012 Supreme(Ker) 1096

S.SIRI JAGAN
Raju – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: S. Sanal Kumar, Bhavana Velayudhan & T.J. Seema.
For the Respondent: Seena Ramakrishnan (Public Prosecutor).

ORDER :

Sitting in this jurisdiction, hearing Criminal Revision Petitions for the last one month, what I find is that more often than not, in abkari cases, this Court is forced to acquit accused merely on technical grounds, which arise from the failure on the part of the excise officers to comply with the procedure prescribed under law. In many cases which are reported in law reports also, the accused are acquitted on the ground that there is delay in producing contraband and samples before the court and the same is not duly explained by the officer concerned. In several cases, the prosecution does not care to prove that the sample drawn from the contraband and sealed was the one forwarded to chemical examiner for analysis. On that question, two cases are found in Volume I of 2007 K.L.T., viz, Sathi v. State of Kerala, 2007 (1) KLT SN 57 (C.No.82) and Sasidharan v. State of Kerala, 2007 (1) KLT 720. In both cases, this Court held that the prosecution has not discharged their duty to prove that it was the sample taken from the contraband liquor seized from the accused that reached the hands of the chemical examiner in a fool-proof condition. The very same defect appears in this case











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