The State of Kerala (Excise) vs Sam P Thomas @ Moncy — 200690/2023

CASE SUMMARY: Sessions Case 690/2023 The Assistant Sessions Judge acquitted Sam P Thomas of charges under Sections 8(2) and 55(g) of the Abkari Act (illegal distillation and possession of arrack/wash). Although excise officers discovered distilling equipment and liquids at a house on 09.04.2020, the court found the prosecution failed to prove beyond reasonable doubt that the accused committed the offence due to critical procedural lapses: the accused was not arrested at the scene, independent witnesses denied witnessing the incident or signing the mahazar, the specimen seal of the detecting officer was not produced before court, the forwarding note lacked the name of the officer who transported samples to the laboratory, and material objects were destroyed in a flood without proper compliance with Section 53A of the Abkari Act. The court emphasized that identity cannot rest merely on documentary assertions and applied strict scrutiny given the reverse onus provisions in the statute. This case analysis is maintained by casestatus.in based on publicly available court records.