A.AMBADY Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) THE challenge in this revision petition is the concurrent verdict of conviction and sentence passed against the petitioner for offence punishable under Section 55(a) of Abkari Act. He was sentenced to undergo R.I for three years and to pay Rs.1 lakhs as fine.

(2.) THE case of the prosecution is that on

(3.) THE learned counsel for the petitioner submits that the certificate is typed in a particular format and so it was copied mechanically in this case also and so that much sanctity cannot be given to that part of the certificate and hence it cannot be assumed that the forwarding note did contain the specimen impression of the seal which was affixed on the sample bottle. But that would be a far fetched argument, the learned public prosecutor submits. Because the chemical examiner could verify whether the seal on the sample tallied with the specimen impression of the seal provided. Only because Ext.P6 did not contain the specimen impression of the seal, it cannot be said that the original of Ext.P6 did not contain the same, the learned Prosecutor submits.