Ravi vs State Of Kerala

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

The prosecution allegation is that on 30.07.2003 about 11.30 a.m., the appellant was found in possession of 4 bottles of arrack, each bottle having a

capacity of 750 ml each, in contravention of the provisions of the Abkari Act. The total quantity of contraband possessed by the appellant was 3 litres.

Heard.

The learned counsel for the appellant has argued that since no forwarding note was produced or marked in this case, the appellant is entitled to be

acquitted.

It appears that no forwarding note was produced or marked in this case before the court.

In Sasidharan v. State of Kerala [2007 (1) KLT 720], the Court observed thus:

“Without the link evidence of actual sampling by the concerned clerk of the court by drawing sample from the can and sending the same in a

sealed packet to the Chemical Examiner with a specimen seal sent separately for tamper proof despatch, the Prosecution cannot be held to have

brought home the offence against the appellant.â€​

In Ravi v. State of Kerala [2011 (3) KLT 353], the Division Bench of this Court held that the prosecution in a case under the Abkari Act could

succeed only if it is shown that the contraband liquor which was allegedly seized from the accused ultimately reached the hands of the chemical

examiner by change of hands in a tamper-proof condition.

Since no forwarding note was produced and marked in this case, the prosecution could not establish the tamper-proof despatch of the samples to

the laboratory. In the said circumstances, there is no satisfactory link evidence to show that the same samples which were drawn from the contraband

seized from the appellant, which eventually reached the hands of the chemical examiner by change of hands in a tamper-proof condition. Therefore,

there is no link evidence to connect the appellant with Ext.P8 certificate of chemical analysis. Consequently, the conviction and sentence passed by

the court below relying on Ext.P8 certificate of chemical analysis cannot be sustained.

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.