Mohanan vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 04, 2023

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Citation: sooperkanoon.com/1338917
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Dec 04, 2023
Case Number: CRL.A/1770/2006

Parties & Advocates

Appellant / Petitioner

Mohanan

Respondent

State of Kerala

Excerpt

.....the offence under section 8(1) and (2) of the kerala abkari act and he is sentenced to undergo rigorous imprisonment for a period of two years and a fine of rs.1,00,000/- with a default sentence. it is against thatorder of conviction and sentence, the accused came up.2. the learned amicus curiae fairly submitted that itis not discernible from the records or the evidence adduced by the prosecution who had collected the sample alleged to have been sent for chemical analysis. no forwarding note was also produced. it is also submitted that what is produced before the court and marked as mo1 is only an empty 5 litre black coloured kannas. it is not clear what crl. appeal no.1770 of 2006 3 happened to the illicit arrack which was produced before the trial court. the fact that no evidence was adduced to show who had prepared, taken and sent the sample for chemical analysis and non production of the forwarding note would vitiate the trial. hence, the finding of guilt of accused for the abovesaid offence under section 8(1) and(2) of the kerala abkari act cannot be sustained, willstand set aside. the accused is acquitted for all charges. in fact, the substantive sentence ordered by the trial court stood abated on the death of accused. the sentence awarded also will stand set aside. the criminal appeal will stand allowed accordingly. the assistance given by the amicus curiae smt. deepa noble is placed on record with high appreciation. sd/- p.somarajan judge dmr/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 4th DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.A NO. 1770 OF 2006 AGAINST THE JUDGMENT DATED 26.07.2006 IN SC 859/2001 OF ADDITIONAL SESSIONS COURT (ADHOC)-IV, THIRUVANANTHAPURAM CP 1/2001 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, NEDUMANGAD
APPELLANT/ACCUSED: MOHANAN, S/o KUNJAN KANI, VAZHAMALA CHARUVIL VEEDU, PANAYAMUTTOM, ANADU MURI, PANAVOOR VILLAGE. BY ADVS. T.A.UNNIKRISHNAN K.SATHEESH KUMAR RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R. THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl. Appeal No.1770 of 2006 2

JUDGMENT

It is against the conviction for the offence punishable under Section 8(1) and (2) of the Kerala Abkari Act, the accused came up. During the pendency of appeal, the accused passed away. The allegation is that he was found in possession of 5 litres of illicit arrack on the alleged date of detection. The trial court found that the accused is guilty of the offence under Section 8(1) and (2) of the Kerala Abkari Act and he is sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs.1,00,000/- with a default sentence. It is against that

order of conviction and sentence, the accused came up.

2. The learned Amicus Curiae fairly submitted that it

is not discernible from the records or the evidence adduced by the prosecution who had collected the sample alleged to have been sent for chemical analysis. No forwarding note was also produced. It is also submitted that what is produced before the court and marked as MO1 is only an empty 5 litre black coloured kannas. It is not clear what Crl. Appeal No.1770 of 2006 3 happened to the illicit arrack which was produced before the trial court. The fact that no evidence was adduced to show who had prepared, taken and sent the sample for chemical analysis and non production of the forwarding note would vitiate the trial. Hence, the finding of guilt of accused for the abovesaid offence under Section 8(1) and

(2) of the Kerala Abkari Act cannot be sustained, will

stand set aside. The accused is acquitted for all charges. In fact, the substantive sentence ordered by the trial court stood abated on the death of accused. The sentence awarded also will stand set aside. The Criminal Appeal will stand allowed accordingly. The assistance given by the Amicus Curiae Smt. Deepa Noble is placed on record with high appreciation. Sd/- P.SOMARAJAN JUDGE DMR/-

Same Court & Year Kerala · 2023 Same Parties Mohanan vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan