CHANDRAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence in S.C.No.892 of 2001, on the files of Additional Sessions Judge for the trial of Abkari Act Cases, Neyyattinkara. The conviction is under Section 58 of the Abkari Act. The sentence imposed is to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default, rigorous imprisonment for six months.

(2.) The facts of the case is as follows:

(3.) When the appeal came up for hearing, the learned Counsel for the appellant submitted before this Court that, here is a case where the sample was allegedly taken from the court. Surely, PW6, the property clerk was examined. But no judicial order or any other contemporaneous proceedings were produced and marked in this case to link the contraband with the analysis report. The next point raised before this Court is that of the authority of the preventive officer to detect the case.