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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MOHANAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction under the abkari act based on possession. (Para 1 , 2 , 3) |
| 2. arguments regarding flaws in prosecution evidence. (Para 4 , 5) |
| 3. discussion on evidence and chain of custody observed. (Para 6 , 8 , 9 , 10) |
| 4. the court's ruling to acquit due to prosecution lapse. (Para 11) |
JUDGMENT
The appellant was the accused in S.C.No.751 of 2008 on the files of the Additional Sessions Court, Neyyattinkara. He challenges the conviction and sentence imposed upon him by judgment dated 16.01.2015, by virtue of which, he has been found guilty and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,00,000/- for the offence under Section 8 (1) and 8(2) of the Abkari Act , 1077 (for short,'the Act').
2. The prosecution alleged that on 17.08.2006, at around 12.15 p.m., the accused was found in possession of 5 litres of arrack in a jerry can, in contravention of the Abkari Act and its rules. The accused was arrested on the spot and after taking a sample from the jerrycan, the can was closed and after preparing a mahazar, the accused as well as the contraband were produced before the court on 17.08.2006. Subsequently, the contraband was se
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