RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the accused against the conviction and sentence in S.C. No. 480/1999 of Additional District & Sessions Judge (Adhoc) Court -I, Kollam. The charge against the accused is that on 18.11.1997 at 10.30 a.m., he was found in possession of three litres of arrack in a black cannas on the side of the pathway leading to Paricheri culvert from Arumurikada junction in Thekkemuri of East Kallada Village by the Sub Inspector of Police, East Kallada. The accused was arrested and the contraband articles were seized, reaching at the Police Station, he registered a crime. After completing investigation, Sub Inspector of Police laid charge before Judicial First Class Magistrate -I, Kollam from there it was committed to Sessions Court, Kollam.

(2.) During trial, prosecution examined PW 1 to PW 4 and marked Exts. P1 to P4. MO1 and MO2 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him under Sec. 313 Cr.P.C. He did not adduce any defence evidence. The learned Additional Sessions Judge convicted the appellant and sentenced to rigorous imprisonment for two years and fine of Rs. 1 lakh, in default of payment of fine, simple imprisonment for six months. Being aggrieved by that, the accused preferred this appeal.

(3.) The learned counsel appearing for the appellant contended that there is no independent evidence to prove the alleged seizure. The detecting officer violated the mandatory provisions of the labelling and sampling in this case. There is also a delay of 22 months in producing the seized articles before Court. In the circumstances, the conviction on the basis of chemical analysis report alone is unsustainable in law.