JUDGMENT :

Bhaskaran Pillai Sudheendra Kumar, J.

1. The appellant was convicted and sentenced by the court below under Sections 55(a) and 8 (2) of the Abkari Act.

2. The prosecution case is that on 24.10.2000 at about 5.25 p.m., the appellant was found in possession of 2 litres of arrack, in contravention of the provisions of the Abkari Act.

3. Heard.

4. The learned counsel for the appellant has argued that since no forwarding note was produced or marked, the appellant is entitled to be acquitted.

5. It has been further argued by the learned counsel for the appellant that since the Assistant Sub- Inspector of Police had detected the offence, seized the contraband and registered the crime, the appellant is entitled to be acquitted on that ground as well.

6. In this case, no forwarding note was produced or marked before the court.

7. 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 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 broug