Absence of a property list in a criminal case can justify acquittal on the grounds of benefit of doubt.

J U D G M E N T

This appeal is preferred against the judgment of conviction and sentence made in S.C.No.288/2000 on the file of the Additional Sessions Court, Adhoc-I, Thalassery. The convection was under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default rigorous imprisonment for three months.

2. When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before me that the appellant is a woman. It is also the submission that she was falsely booked in a false case by the prosecution. It is the further submission that the allegation was that she was in possession of 3 ltrs. of illicit arrack. The main argument advanced before me is that in this case, no property list was marked by the prosecution. It is the submission that when the property list was not therein and when the case of the defence was that of false implication, then tampering cannot be ruled out. It is the further submission that the forwarding note, send to the court, lacks the specimen sample seal. When the property list was not before the court, on the said ground itself, the appellant is entitled for an acquittal.

3. I heard the learned Public Prosecutor, who submitted before me that it is true that the property list was not marked. But surely a chemical analysis report was therein.

4. After hearing the counsel, I perused the records.

It is found that no property list was marked in this case. Thus, following the dictum laid down in the decision reported in Raju v. State of Kerala [ 2012 KHC 877 ], benefit of doubt can be extended to the appellant herein, especially considering the quantity of the contraband involved in the case. Hence, the criminal appeal is allowed setting aside the conviction and sentence imposed against the appellant. The amount, if any, deposited by the appellant towards the compliance of the condition imposed by this court, at the time of suspending the sentence, is directed to be released to the appellant/accused forthwith on her proper application.