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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
Agastin – Appellant
Versus
State by the Inspector of Police, Prohibition and Enforcement Police Station – Respondent
JUDGMENT :
M.Nirmal Kumar, J.
The appellant/A2 was convicted by judgment, dated 30.08.2016 in SC.No.96 of 2016 by the learned XVII Additional Sessions Judge, Chennai (Trial Court) for offence under Section 4(1)(aaa) of Tamil Nadu Prohibition Act, 1937 and sentenced to undergo four months Rigorous Imprisonment and to pay a fine of Rs.8,000/- in default to undergo Simple Imprisonment for one month and for offence under Section 4(1- A) of Tamil Nadu Prohibition Act, 1937 r/w Rules 6 & 7 of Rectified Spirit Rules, 2000, the appellant/A2 was convicted and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.7,000/-, in default to undergo one month Simple Imprisonment. Both the sentences ordered to run concurrently. Challenging the judgment of conviction, the present criminal appeal is filed.
2.The case of the prosecution is that on 29.08.2012 at 06.00 p.m, PW6/Investigating Officer along with PW1 & PW2/Special Sub Inspectors and PW3/Grade-I Constable from the Prohibition Enforcement Wing, Adyar were conducting road check in L.B.Road opposite to Aavin Booth, at that time, A1/Nagaraj came in his two wheeler viz., Honda Activa bearing Reg.No.TN-09-AA-0778. A1 was in
The prosecution failed to prove the appellant's guilt beyond a reasonable doubt, highlighting significant investigative lapses and absence of independent witnesses undermining the evidence's credibil....
The judgment emphasizes the importance of fair investigation, credibility of evidence, and the prosecution's burden to prove conscious possession in cases of alleged offenses.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
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