Revision petitioner is the accused in C.C No.791/1998 on the file of the Judicial First Class Magistrate Court, Kasaragod for an offence under Section 55(a) of the Abkari Act. The conviction by the trial court was challenged in appeal before the learned Sessions Judge, Kasaragod. The conviction was confirmed, but the sentence was reduced in appeal.
2. Feeling aggrieved, he has come up in this revision.
3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.
4. On scrutiny of the judgments, I find that two witnesses were examined on the side of the prosecution and three documents were marked. There was no defence evidence.
5. Learned counsel for the petitioner submitted that the conviction is legally unsustainable, since there is absolute lack of identity of samples taken from the quantity of contraband allegedly recovered from the possession of the accused and that was sent to the chemical laboratory for analysis. Testimony of PW1 show that four sample bottles, apiece having 150 ml was taken and marked as 'a', 'b', 'c' and 'd'. In Ext.P3, chemical analysis report, it can be seen that sealed bottles having inscriptions '1', '2', '3' and '4' were sent up for analysis. That apart, the chemical analysis report would show that each bottle had 180 ml of liquor taken as samples. This statements will clearly show that the samples allegedly taken from the place of detection were not the ones sent up for analysis to the chemical laboratory. That apart, there is no list of property, forwarding note or requisition for sending the contraband to the chemical laboratory produced. This also goes to the root of the prosecution case. In the absence of any evidence to establish that the samples were drawn from the allegedly recovered contraband and the same was sent to the chemical laboratory for analysis, I find that the conviction cannot be sustained in view of the division bench decision of this Court in Ravi v. State of Kerala and Another (2011(3) K.L.T 353). The accused is entitled to be acquitted for that sole reason.
In the result, the revision petition is allowed. Conviction of the revision petitioner in C.C No.791/1998 on the file of the Judicial First Class Magistrate Court, Kasaragod for an offence under Section 55(a) of the Abkari Act is hereby set aside. He shall be set free forthwith, if not wanted in any other case. His bail bond shall stand cancelled.
All pending interlocutory applications will stand dismissed.
Sd/- A.HARIPRASAD, JUDGE.
//True copy// amk P.A to Judge