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1 - 8 of 8 (0.21 seconds)R.Ravi vs S.I. Of Police on 4 November, 2008
In support of the contention he has placed reliance on the
decisions reported in Prakashan and another v. State of Kerala
[2016 KHC 96], Gireesh @ Manoj v. State of Kerala [2019 KHC
655], Vikraman v. State of Kerala [2018 KHC 3177] and also Ravi
v. State - S.I. of Police, Meppadi [2018 (5) KHC 352]. Secondly he
argued that there is inordinate delay in investigating the matter and
filing the charge sheet. Even though the alleged occurrence was on
29.12.1999, investigation was done only in 2002, that reason for the
delay is not explained.
H.Krishnan vs State - Represented By The Public on 19 February, 2004
In Krishnan's case, it was held that if
the sample seal is not appearing in the copy of the forwarding note, it
has to be presumed, unless otherwise proved, that such a seal was not
Crl. Appeal No. 2505 of 2007 -9-
affixed on the original forwarding note as well. It is a rebuttable
presumption which could have been rebutted by the prosecution by
bringing up the original forwarding note from the chemical
examination laboratory and proving the same. That has not been done.
Kotta Prakashan & Ors vs State Of Kerala on 11 December, 1997
In support of the contention he has placed reliance on the
decisions reported in Prakashan and another v. State of Kerala
[2016 KHC 96], Gireesh @ Manoj v. State of Kerala [2019 KHC
655], Vikraman v. State of Kerala [2018 KHC 3177] and also Ravi
v. State - S.I. of Police, Meppadi [2018 (5) KHC 352]. Secondly he
argued that there is inordinate delay in investigating the matter and
filing the charge sheet. Even though the alleged occurrence was on
29.12.1999, investigation was done only in 2002, that reason for the
delay is not explained.
Section 232 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
C. Balachandran & Ors vs State Of Kerala & Ors on 17 December, 2008
10. This position has been reiterated by this Court in a recent
decision reported in Balachandran v. State of Kerala [2020 (3)
KHC 697]. This Court has held that there is a purpose in affixing the
seal in the forwarding note; if the specimen seal is not affixed in the
Crl. Appeal No. 2505 of 2007 -10-
forwarding note, prosecution cannot succeed because the link starting
from the seizure till it reaches the hands of the analyst cannot be
established.
Chandran @ Chandrashekaharan vs State-Represented By Public ... on 20 September, 2016
To buttress this contention he has placed
reliance on Chandran @ Chandrashekaharan v. State [2016 (5)
KHC 650].
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