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

Disposed

Subjudge,thiruvalla

JudgementView PDF

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.

Order/ Judgement

Subjudge,thiruvalla

For Hearing

Subjudge,thiruvalla

For hearing under section 232 CRPC

Subjudge,thiruvalla

Examination of the Accused U/S 313 Cr.PC

Subjudge,thiruvalla

Prays time

Subjudge,thiruvalla

Further evidence

Subjudge,thiruvalla

Call on

Subjudge,thiruvalla

Call on

Subjudge,thiruvalla

Await report

Subjudge,thiruvalla

Call on

Subjudge,thiruvalla

Call on

Subjudge,thiruvalla

Call on

Subjudge,thiruvalla

Await Mos

Subjudge,thiruvalla

Await Mos

Subjudge,thiruvalla

For reports

Subjudge,thiruvalla

For framing charge

Subjudge,thiruvalla

For framing charge

Subjudge,thiruvalla

For framing charge

Subjudge,thiruvalla

For framing charge

Subjudge,thiruvalla

No sitting notified

Subjudge,thiruvalla

For framing charge

Subjudge,thiruvalla

For Hearing

Sub Judge, Thiruvalla

Issue summonsed to accused

Sub Judge, Thiruvalla

First hearing

Initial hearing scheduled

Case filed

Registration No. 200690/2023