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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
VELAYUDHAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. procedural requirements for evidence in contraband cases. (Para 1 , 2 , 3) |
| 2. outcomes of trial court and appellate court finding. (Para 4 , 5) |
| 3. failure to comply with procedural protocols impacts the burden of proof. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
O R D E R
This criminal revision petition has been filed by the revision petitioner under Sections 397 and 401 of the Code of Criminal Procedure , challenging the conviction and sentence passed against him for the offence punishable under Section 8 (2) r/w 8(1) of the Abkari Act by the Additional Assistant Sessions Court-III, Kozhikode as per the judgment dated 12.08.2015 in S.C.No.647/2014, which was confirmed in appeal by the Additional Sessions Court, Kozhikode, as per judgment dated 31.08.2016 in Crl. Appeal No. 341/2015. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that on 10.07.2013, at 12.15 p.m., the accused was found in possession of 6 liters of arrack for the purpose of sale in violation of the provisions contained under the Abkari Act . Thus, the accused is alleged to have committed the offence punishable under Section 8 (2) r/w 8(1) of the .
3. During trial,
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