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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
KALESH BABU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding possession of contraband. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the legality of the conviction. (Para 9 , 10 , 11 , 12 , 13) |
| 3. observations on evidentiary standards and chain of custody. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final judgment leading to acquittal due to fundamental evidence deficiencies. (Para 21) |
ORDER
This criminal revision petition is preferred, impugning the judgment of the learned Additional Sessions Judge (Adhoc)-II, Kollam in Crl. Appeal No.
361/2011.
2. The revision petitioner herein is the sole accused in Crime No. 58 of 2006 of Kollam Excise Range registered for offence punishable under Sections 8 (1) & (2) of the Abkari Act .
3. The prosecution case is that, on 09.08.2006 at about 6.30 a.m., the accused was found in possession of 60 litres of arrack in two plastic cans for the purpose of sale in front of the Sree Mahavishnu Temple, Uppoodu Muri, East Kallada Village.
4. The trial court convicted and sentenced the accused to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/-, with a default clause to undergo simple imprisonment for six months under Sections 8 (
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