AELIYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in SC 321/2007 on the files of the Additional Sessions Court (Adhoc-II), Ernakulam. The conviction is under Section 8 (2) of the Abkari Act. The sentence is to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1 lakh with default simple imprisonment for six months.

(2.) The facts necessary for disposal of this appeal is as follows:

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before this court that on perusal of the property list, it can be seen that even though there is an endorsement by the Magistrate to the effect that the property has to be produced before the court on 16.10.2004, there is nothing to show that the said direction was complied with. The endorsement will show that it was produced only on 29.10.2004. It is to be remembered that, by the time, amendment has made to Section 53A and no inventory was seen prepared. When there is an inordinate delay in producing the contraband, as evident from Ext.P8, the benefit of doubt should go to the appellant. It is also the submission of the learned counsel that the forwarding note does contain the specimen seal impression of the officer who affixed the seal and the name of the Guard is also missing in the said document.