State of Kerala Excise vs Santhosh kumar — 101398/2019

Case under Abkari Act Section 55(a)(i). Disposed: Contested--AQUITTED on 31st March 2026.

SC - SESSIONS CASE

CNR: KLKM270005282019

Case disposed

Filing Number

100331/2019

Filing Date

05-11-2019

Registration No

101398/2019

Registration Date

05-11-2019

Court

Sub Court Karunagappally

Judge

1-Sub Judge

Decision Date

31st March 2026

Nature of Disposal

Contested--AQUITTED

FIR Details

FIR Number

22

Police Station

Karunagappally Excise Range

Year

2019

Acts & Sections

Abkari Act Section 55(a)(i)

Petitioner(s)

State of Kerala Excise

Adv. Baiju N.S.

Respondent(s)

Santhosh kumar

Hearing History

Judge: 1-Sub Judge

31-03-2026

Disposed

28-03-2026

Call on

25-03-2026

FOR HEARING

24-03-2026

Defence Evidence

21-03-2026

For 313

Final Orders / Judgements

31-03-2026
Judgement

Case Summary: State of Kerala Excise v. Santhosh Kumar (S.C. 1398/2019) Santhosh Kumar was acquitted of charges under Section 55(a)(i) of the Abkari Act for allegedly possessing 53.5 liters of IMFL for illicit sale. The court found critical procedural failures: the independent witness denied witnessing the search and seizure, the prosecution failed to produce the seized contraband or certified inventory as required, and the chain of custody was not properly established per High Court guidelines in *Vijayan v. State of Kerala*. Key officials (thondy clerk, sample transport officer) were never examined, and the forwarding note lacked officer details. The court held that without proper chain of custody procedures and physical production of contraband, the chemical examination report could not be relied upon, rendering the prosecution case insufficient to prove guilt beyond reasonable doubt. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: State of Kerala Excise v. Santhosh Kumar (S.C. 1398/2019) Santhosh Kumar was acquitted of charges under Section 55(a)(i) of the Abkari Act for allegedly possessing 53.5 liters of IMFL for illicit sale. The court found critical procedural failures: the independent witness denied witnessing the search and seizure, the prosecution failed to produce the seized contraband or certified inventory as required, and the chain of custody was not properly established per High Court guidelines in *Vijayan v. State of Kerala*. Key officials (thondy clerk, sample transport officer) were never examined, and the forwarding note lacked officer details. The court held that without proper chain of custody procedures and physical production of contraband, the chemical examination report could not be relied upon, rendering the prosecution case insufficient to prove guilt beyond reasonable doubt. This case analysis is maintained by casestatus.in based on publicly available court records.

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