IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE K. V. JAYAKUMAR, J
Baby Kurian, S/o.Kurian – Appellant
Versus
State Of Kerala – Respondent
ORDER :
K.V. JAYAKUMAR, J.
This criminal revision petition is preferred impugning the judgment of the learned Additional Sessions Court, Thodupuzha in Crl.A.No.316/2011 dated 30.09.2013.
2. The revision petitioner herein is the 1st accused in S.C.No.207/2009 of the Assistant Sessions Court, Kattappana registered for offence punishable under Sections 8(1) and (2) of the Abkari Act .
3. The prosecution case is that, on 09.11.2018., 1st accused as the driver and the 2nd accused as the passenger in KL-37-3964 autorikshaw had transported 35 liters of arrack in a plastic Can through Moonkipallam-Chettukuzhy public road and thereby allegedly committed offences punishable under Sections 8(1) and (2) of the Abkari Act .
4. Before the trial court, PWs.1 to 4 were examined and Exts.P1 to P8 were marked. MO1 and 2 were also identified and marked. The trial court, after a full fledged trial, convicted and sentenced the revision petitioner/1st accused to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default, to undergo rigorous imprisonment for three months. However, the trial court acquitted the 2nd accused.
5. The learned Additional Sessions Judge-III, Thodupuz
The prosecution must prove knowledge and control over contraband beyond reasonable doubt; mere suspicion is insufficient for conviction.
When a person is not present during a search of their residence, the prosecution must provide cogent evidence to establish the accused's conscious and exclusive possession of the alleged contraband, ....
The prosecution must ensure a tamper-proof chain of custody for evidence to maintain conviction validity under the Abkari Act.
In Abkari cases, failure to produce a specimen seal or impression of the seal in the seizure mahazar creates a reasonable doubt regarding the identity of the contraband, necessitating acquittal as th....
In Abkari prosecutions, the failure to establish a tamper-proof link for the seized contraband, specifically regarding sample sealing and the identity of the officer transporting the specimen to the ....
Failure to document the specimen seal in the seizure mahazar and lack of evidence regarding the sealing/sampling procedure creates a reasonable doubt as to the integrity of the contraband, necessitat....
Failure to ensure the integrity of a sample through unexplained production delays and the absence of a specimen seal on the seizure mahazar breaks the chain of custody, warranting acquittal due to re....
In Abkari cases, where the integrity of the seized contraband is questioned due to the absence of a specimen seal on the seizure mahazar and forwarding note, the prosecution fails to establish the ne....
In Abkari prosecutions, the failure to record a specimen seal in the seizure mahazar and the non-production of a forwarding note creates a fatal defect in the chain of custody, warranting acquittal d....
The failure to strictly comply with the mandatory procedure under Section 53A of the Abkari Act, particularly the lack of Magisterial certification for the inventory of destroyed contraband, renders ....
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