Kerala High Court
Ajayan vs State Of Kerala on 18 February, 2021
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
Crl.MC.No.4888 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN SC 1089/2019 OF ADDITIONAL SUB
COURT,KOLLAM
CRIME NO.91/2014 OF EXCISE RANGE OFFICE, CHATHANNOOR
PETITIONER/S/2ND ACCUSED:
AJAYAN
AGED 36 YEARS
S/O.RAMAKRISHNAN,AJAYAVILASOM VEEDU,
PARAMEL CURRY,KALLUVATHUKKAL VILLAGE,
KOLLAM DISTRICT-691578.
BY ADVS.
SRI.PRATHEESH.P
SMT.S.REKHA KUMARI
SMT.S.SEETHA
SMT.ANJANA KANNATH
RESPONDENT/S/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-31.
2 EXCISE RANGE OFFICER,
CHATHANNOOR EXCISE RANGE,
KOLLAM DISTRICT-691572.
SMT. M. PUSHPALATHA, SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4888 OF 2020(A)
2
O R D E R
The petitioner was the second accused in S.C.No.1197 of 2016 on the files of the court below. In the trial, the first accused was acquitted as per Annexure - 3 judgment dated 27.07.2019. The case against the petitioner was split up and re-filed as S.C.No.1089/2019. Since the petitioner was absconding, the case was transferred to the long pending register as L.P.No.13/2020.
2. The petitioner filed this Crl.M.C. praying for quashing the final report and further proceedings against the petitioner in the above said case.
3. Heard.
4. The prosecution allegation is that on Crl.MC.No.4888 OF 2020(A) 3 30.11.2014 at about 1.00 p.m., the first accused was found in possession of 400 ml of Indian Made Foreign Liquor for the purpose of sale. It is alleged that the petitioner herein was a customer.
5. The offence was detected by PW1. He seized the contraband and arrested the first accused. The sample was also drawn by him. PW4 registered the crime. After completing the investigation, CW6 (not examined as he was no more at that time) filed the final report before the court for the offence punishable under Section 55(i) of the Abkari Act.
6. Annexure-3 judgment in S.C.No.1197 of 2016 would show that the court below acquitted the first accused after the trial. The court below found that the sample seal affixed on the sample was not produced Crl.MC.No.4888 OF 2020(A) 4 before the court. The court below further found that the forwarding note was not produced or marked in this case. In view of the above reasons, the court below observed that the prosecution failed to establish that the seal affixed on the sample was the seal on the sample provided to the chemical examiner. It appears that the forwarding note was not produced or marked before the court. Since the forwarding note was not produced and marked before the court, the prosecution could not establish the tamper proof despatch of the sample to the laboratory. In the said circumstances, there cannot be any guarantee that the sample analysed in the laboratory was the sample drawn from the contraband seized from the accused. Consequently, there is no link evidence to connect the Crl.MC.No.4888 OF 2020(A) 5 accused persons with Ext.P8 certificate of chemical analysis. In view of Annexure - 3 judgment, the petitioner also cannot be linked with the certificate of Chemical Analysis. Therefore, no purpose will be served even if the trial against the petitioner herein is permitted to be continued. In the said circumstances, I am inclined to quash Annexure- 2 final report and further proceedings against the petitioner in S.C.No.1089/ 2019 on the files of the court below, to meet the ends of justice. It is ordered accordingly.
This Crl.M.C. stands allowed as above.
Sd/-
B.SUDHEENDRA KUMAR JUDGE RK/19.02.2020 Crl.MC.No.4888 OF 2020(A) 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 THE CERTIFIED COPY OF CRIME AND OCCURENCE REPORT IN CR.NO.91/2014 OF EXCISE RANGE OFFICE,CHATHANNOOR.
ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN C.R.NO.91/2014 OF EXCISE RANGE OFFICE,CHATHANNOOR.
ANNEXURE 3 THE CERTIFIED COPY OF JUDGMENT IN S.C.NO.1197/2016 OIN THE FILE OF ADDITIONAL ASSISTANT SESSIONS COURT, KOLLAM DT.27.07.2019.