SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence in S.C.No.694 of 2005 on the files of Additional Sessions Judge, Fast Track Court - II, Alappuzha. The conviction was under Section 8(1) and (2) of Abkari Act. The sentence was to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default to undergo simple imprisonment for a period of two months.

(2.) The facts of the case is as follows: On 04.10.2003 at about 4.00 PM, the appellant was found in possession of 1 1/2 litres of illicit arrack as well as 1 1/2 litres of Indian Made Foreign Liquor (IMFL), in two bottles each having a capacity of 750 ml. A search was conducted, contraband was seized and the samples lifted as A1, B1 and C1. After investigation, charge was filed. PW1 to PW6 examined and Exts.P1 to P10 marked. MO1 and MO2 also identified. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

(3.) The only argument advanced before this Court is that, here is a case where the explicit reliance cannot be made upon the analysis report. The reason highlighted by the learned Counsel is that, the forwarding note is not marked in this case. The relevancy of the forwarding note is that, even though, the prosecution got a case that, three samples were actually collected and given markings as A1, B1 and C1, now the analysis report is only pertaining to A1 and B1. What happened to C1?, where is the forwarding note?, where is the covering letter of the Magistrate, who allegedly forwarded the seal to the analyst?, no explanation is therein. When the offence was such a grave one and the sentence was so severe, standard of proof also should be so high.