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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
Mathew @ Jose – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. procedural compliance and factual history of the conviction under the abkari act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summary of rival contentions regarding the integrity of evidence and seizure procedures. (Para 6 , 7 , 8) |
| 3. evidentiary value of official witnesses and the necessity of independent corroboration in abkari cases. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. failure to establish link evidence and preserve specimen seals causes a break in the chain of custody, leading to acquittal. (Para 16 , 17 , 18 , 19) |
O R D E R
This Criminal Revision Petition has been filed under Sections
397 and 401 of the Code of Criminal Procedure, challenging the judgment of conviction and the order of sentence passed against the revision petitioner for the offence punishable under Section 8(2) r/w 8(1) of the Abkari Act by the Assistant Sessions Judge- II, Kozhikode as per the judgment dated 06.02.2017 in S.C. No.946/2014, which was confirmed in appeal by the Additional Sessions Judge-I, Kozikode, as per judgment dated 15.07.2017 in Crl. Appeal No.66/2017. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that on 10.02.2015 at 6.00 p.m., at Pattasseri
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