Bhaskaran vs State Of Kerala

The appellant was convicted and sentenced by the court below under Sections 8(2) and 55(g) of the Abkari Act.

The prosecution allegation is that on 20.12.2000 at about 12.30 hrs., the appellant was found manufacturing arrack, in contravention of the

provisions of the Abkari Act. Nearly 55 litres of wash and 5 litres of arrack were found in possession of the appellant at the relevant time.

Since there is no representation for the appellant, this Court has appointed Adv.Sri.S K Saju as the Amicus Curiae to argue the case for the

appellant.

Heard the learned Amicus Curiae and the learned senior Public Prosecutor.

The learned Amicus Curiae has argued that since there was inordinate delay in producing the samples before the court, the appellant is entitled to

benefit of doubt.

It appears that the seizure was effected on 20.12.2000. Ext.P3 is the property list, which would show that the samples were produced before the

court only on 29.1.2001. PW4 stated that he sent the samples to the court on the same day through the station writer concerned. PW4 further stated

that the samples were received by the Court only on 29.1.2001 as per the endorsement on Ext.P3. He could not state the reason for the delay in

producing the samples before the court. There is also no evidence before the court to prove the safe custody of the samples till their production before

the court. Since there was unexplained delay from 20.12.2000 to 29.1.2001 in producing the samples before the court, there cannot be any guarantee

that the samples produced before the court and analysed in the laboratory were the samples drawn from the contraband seized from the appellant,

particularly where there is no evidence with regard to the safe custody of the samples till their production before the court. In the said circumstances,

there is no satisfactory link evidence to connect the appellant with Ext.P5 Certificate of Chemical Analysis. In the said circumstances, the conviction

and sentence passed by the court below relying on Ext,P5 Certificate of Chemical Analysis cannot be sustained and consequently, I set aside the

same.

In the result, this Criminal Appeal stands allowed, setting aside the conviction and sentence passed by the court below and the appellant stands

acquitted. The bail bond of the appellant stands discharged.