JAYAPRAKASH.T Vs. STATE OF KERALA

JUDGEMENT

(1.) Abuse of power to absolve the accused in an Abkari case, by creating fake chemical analysis report, is the gravamen of the allegations against the petitioner in the case registered against him by the Vigilance and Anti-Corruption Bureau (VACB), Thiruvananthapuram Unit.

(2.) The petitioner, the first accused in the case, was employed as Scientific Officer in the Chemical Examiner's Laboratory, Thiruvananthapuram. The second accused was an Upper Division Typist in the same institution.

(3.) On 18.06.2014, at 16.30 hours, the Additional Sub Inspector of Police, Kaduthuruthy police station conducted a search in toddy shop No.24 in Group No.IV of the Kaduthuruthy Excise Range. Samples of toddy were collected from there. A case was registered in the matter as Crime No.682/2014 of the Kaduthuruthy police station under Section 102 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The samples were forwarded, through the court, to the Chemical Examiner's Laboratory, Thiruvananthapuram for analysis. Methanol and formaldehyde, which are toxic and noxious substances, were detected in the samples. Chemical analysis certificate No.6043/2017 was prepared and forwarded to the Court of the Judicial First Class Magistrate-I, Vaikom. This certificate (Annexure-7) was received in the Court on 18.12.2017. However, Annexure-5 chemical analysis certificate, bearing the same number, in respect of the same samples, had been forwarded from the Laboratory on 13.11.2017 and received in the above Court on 17.11.2017. The result of analysis shown in Annexure-5 certificate was that the samples were found to be free from noxious substances injurious to health.