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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
U. Raveendran – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and factual allegations of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summary of rival contentions regarding procedural defects and evidentiary standards. (Para 7 , 8) |
| 3. court determination on sample-sealing protocol and its impact on the burden of proof. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
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 order of sentence passed against the revision petitioner who is the accused in SC No.122/2010 on the file of Assistant Sessions Court, Kasaragod, which was confirmed in appeal by the Sessions Court, Kasaragod, by judgment dated 09.07.2014 in Criminal Appeal No.107/2013. The revision petitioners herein are the legal heirs of the accused who stands convicted in this case and who is no more.
2. The prosecution case is that, on 27.02.2009 at about 5.00 p.m., the accused was found possessing and transporting 7 litres of arrack along Ullodi-Chadakkal Road in contravention of the provisions of the Abkari Act. Thus, the accused is alleged to have committed an offence punishable under Section 8(2) r/
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