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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
K.M. Muthu – Appellant
Versus
The State of Kerala – Respondent
| Table of Content |
|---|
| 1. conviction based on raid for arrack manufacturing. (Para 2 , 4) |
| 2. discussion on procedural compliance under the abkari act. (Para 6 , 7) |
| 3. requirement for tamper-proof handling of samples. (Para 8 , 12 , 16 , 18 , 22) |
| 4. legal obligations regarding the production and chain of evidence. (Para 10 , 14 , 21) |
| 5. outcome of the appeal based on breaches of statutory requirements. (Para 15 , 19 , 20) |
JUDGMENT
The appellants are accused Nos. 1 and 2 in S.C. No. 67 of 2012 on the file of the Additional Sessions Judge-I, Kalpetta and they are challenging the conviction and sentence imposed on them for the offence under Section 55 (g) of the Abkari Act .
2. The prosecution case is that on 18.12.2008, at about 7.30 a.m., accused Nos. 1 to 4 were found manufacturing arrack in the reserve forest near to Brahmagiri estate in a raid conducted by the Excise Inspector of Mananthavady Excise Range and party.
3. The trial court, after framing charge, examined PWs 1 to 7 and marked Exhibits P1 to P10 and MOs 1 and 2 from the side of the prosecution and no evidence adduced from the side of the defence.
4. After trial and hearing both sides, the trial court found accused Nos. 1 and 2 guilty
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