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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
HAMZA – Appellant
Versus
STATE OF KERALA THROUGH THE EXCISE INSPECTOR – Respondent
| Table of Content |
|---|
| 1. conviction based on procedural adherence to abkari act. (Para 1 , 2 , 4) |
| 2. defense argues discrepancies in evidence collection. (Para 3 , 5 , 6 , 7) |
| 3. court examines chain of custody and procedural compliance. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. failure to establish a foolproof chain leads to acquittal. (Para 17 , 18 , 19 , 20) |
JUDGMENT
The appellants are convicted and sentenced for offence under Section 55 (a) of the Abkari Act as per the impugned judgment dated 06-0-2011 of the 3rd Additional Sessions Judge, Thodupuzha in S.C No.54 of 2007 & 440 of 2009.
2. The prosecution case is that on 21.12.1999, accused numbers 1 to 3 were found transporting 6275 litres of spirit in a lorry bearing registration No.KL-13 4533 owned by the 4th accused through Munnar – Mattupetty road, by the Excise Inspector, Adimaly Excise Enforcement and Anti-Narcotic Special Squad and the accused are thereby alleged to have committed the offence punishable under Section 55 (a) of the Abkari Act .
3. When the accused pleaded not guilty to the charge, the trial court examined PWs 1 to 8 and marked Exhibits P1 to P9 and MO1. From the side of the defence DWs1 and 2 were examined and E
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