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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
Chandran – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of trial history and prosecution facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding procedural gaps in handling contraband. (Para 7 , 8 , 9) |
| 3. necessity of establishing a tamper-proof chain of custody in abkari cases. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
ORDER
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 Court, Vatakara as per the judgment dated 18.02.2008 in S.C. No.115/2006, which was confirmed partly in appeal by the Additional Sessions Court, Vatakara, as per judgment dated 05.05.2011 in Crl. Appeal No.258/2008. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that, on 06.07.2004 at about 6.30 p.m., the accused was found possessing 2 litres of arrack in a can of 5 litres capacity, in contravention of the provisions of the Abkari Act. Thus, the accused is alleged to have committed the offence punishable under Section 55(a) of the .
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