ROBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted and sentenced by the court below under Section 55 (a) and (i) of the Abkari Act.

(2.) The prosecution allegation is that on 25.08.1999 at about 4.00 p.m., the appellant was found in possession of 4 litres of arrack, in contravention of the provisions of the Abkari Act.

(3.) It has been argued that since there was unexplained delay in producing the samples and the contraband before the court, the appellant is entitled to benefit of doubt. It has been further argued that since no forwarding note was produced and marked in this case, the tamper-proof despatch of the samples to the laboratory could not be established and in the said circumstances also, the appellant is entitled to benefit of doubt.