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JOHNSON JOHN
Anil Varghese, S/o. Varughese – Appellant
Versus
State Of Kerala – Respondent
ORDER :
The revision petitioner is challenging the judgment rendered by the Additional District and Sessions Judge (Adhoc)- I, Pathanamthitta in Crl. Appeal No. 98 of 2012 upholding the verdict of the Assistant Sessions Judge, Thiruvalla in S.C. No. 59 of 2011, wherein the petitioner is convicted and sentenced for the offence under Section 8(1) r/w 8(2) of the Kerala Abkari Act.
2. The prosecution case is that the petitioner, along with the second accused, was found in possession of 5 litres of arrack in a 10 litre can for the purpose of sale near M.J Plywood factory near Venkotta-Kunnathanam road at about 6 p.m. on 01.06.2006.
3. The trial court framed charge against the accused for the offence punishable under Section 8(1) r/w 8(2) of the Kerala Abkari Act.
The accused pleaded not guilty and the prosecution examined PWs 1 to 7 and marked Exhibits P1 to P10 and MOs 1 to 4 series. From the side of the accused, DW1 examined and Exhibit D1 marked.
4. After trial and hearing both sides, the trial court found the accused guilty of the offence under Section 8(1) r/w 8(2) of the Kerala Abkari Act and convicted him thereunder and sentenced him to undergo rigorous imprisonment for 3 years and t
The prosecution must prove the integrity of the sample and the chain of custody to sustain a conviction under the Kerala Abkari Act.
Point of law: That mere production of a laboratory report that the sample tested from contraband substance cannot be conclusive proof by itself and that the sample seized and one tested are to be cor....
Prosecution must establish a tamper-proof chain of custody for seized samples to prove its case beyond any shadow of doubt.
Prosecution must establish robust evidentiary connections regarding seizure and sampling in contraband cases, or risk acquittal.
Inadequate proof of evidence chain and procedural lapses result in acquittal under the Abkari Act.
The absence of a specimen seal on the seizure mahazar creates reasonable doubt regarding the integrity of the evidence, leading to acquittal.
The prosecution must establish the chain of custody for contraband from seizure to laboratory analysis; failure to do so undermines the evidentiary value of chemical analysis reports.
Procedural defects in the collection and handling of evidence undermine the prosecution's case, necessitating acquittal when the chain of custody is not established.
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