...matter to be explained by the prosecution. This Court in P. Kumaran v. State Of Kerala, [(2016) 4 KLT 718...], Chandran v. State, [(2016) 4 KLT 727] and Mukundan v. State Of Kerala , [(2016) 3 KLT 532] explained the above principle. The relevant portions of the judgment in P. Kumaran v...Gireesh @ Manoj v. State of Kerala, [2019 KHC 655], Vijayan @ Pattalam Vijayan v. State of Kerala, [2018 (2) KHC 814] and in Prakasan v. State...

...proceedings can continue in the light of the judgment of the Apex Court in Kumaran v. State of Kerala and Another [2017 (2) KHC 929. Moreover... 4 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031... OP(Crl.) NO.162 of 2023 2025:KER:44898 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM...

...forwarding note is fatal to the prosecution according to this Court in Vijayan @ Pattalam Vijayan v. State of Kerala, 2018 (2) KHC 814. It is also held that an improper forwarding note is fatal to the prosecution in Kumaran v.... State of Kerala, 2016 (5) KHC 832. Under the circumstances, the conviction cannot be sustained and the...Ashok Menon, J.:— The appellant is the accused in S.C. No. 1537/2001 on the file of the Additional Sessions Court (Adhoc)-III, Thiruvananthapuram, who was found guilty of having...

... P. Kumaran v. State Of Kerala [2016 (4) KLT 718]. 8. The prosecution failed to.... 10. While considering a similar fact situation this Court in P. Kumaran v. State Of Kerala [2016.... SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTING...

...P. Kumaran v. State Of Kerala [2016(4) KLT 718]. The counsel also submitted that as per Ext.P7 forwarding note, the sample was despatched on 05.06.1998. A perusal of...this case, the thondy clerk or the person who took the sample to the Analyst are not examined. This Court in P. Kumaran v. State Of Kerala [2016... SRI.THOMAS T.VARGHESE RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR...

.... Relying on P. Kumaran v. State Of Kerala [2016 (4) KLT 718], the learned senior counsel for the appellants contended that... P. Kumaran v. State Of Kerala [2016 (4) KLT 718], held thus.... BY ADVS. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL 108692 RESPONDENT/COMPLAINANT: STATE OF KERALA...

...P. Kumaran v. State Of Kerala ((2016) 4 KLT 718)]. In the above circumstances, the appellant is entitled to succeed in this appeal. 4. In the result, the judgment dated...T.R. Ravi, J.:— The accused in S.C. No. 637/2004 on the file of the Additional Sessions Court (Adhoc) II, Kasaragod has filed this appeal being aggrieved by the judgment dated 16.10.2007..., whereby he has been found guilty of offence under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1,00,000/- and in...

...explanation for the said delay also. He, by relying on the decisions in Gangadharan v. State of Kerala [2024 (1) KHC 111], P. Kumaran v...from the side of the prosecution for the inordinate delay in the afore events. It is a settled law as held in decisions in Gangadharan v. State of Kerala, P. Kumaran v...Moothedath Sivadasan and Another v. State of Kerala [2021 KHC 3232] contended that the unexplained inordinate delay in...

...the date on which the Magistrate has countersigned the forwarding note are also fatal to the prosecution case. [See Jayakumar v. State of Kerala (2018 KHC 3165) & Kumaran v...absence of explanation even one day's delay is fatal for the prosecution case (see Ravi v. State of Kerala [2018 (5) KHC 352...affix the impression of the specimen seal is fatal for the prosecution. (see Ravi v. State of Kerala (2018 (5) KHC 352), Balachandran...

... 6 Jayakumar v. State of Kerala (2018 KHC 3165) & Kumaran v. State of Kerala... RESPONDENT/COMPLAINANT: STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM... RESPONDENT/COMPLAINANT: THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA...

... 6 Jayakumar v. State of Kerala (2018 KHC 3165) & Kumaran v. State of Kerala... RESPONDENT/COMPLAINANT: STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM... RESPONDENT/COMPLAINANT: THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA...

...for sealing the sample sent for chemical analysis is fatal for the prosecution. [see Ravi v. State of Kerala, (2018 (5) KHC 352), Balachandran v. State of Kerala, (2020 (3) KHC 697) & Smithesh v. State Of Kerala, ((2019) 2 KLT 974)]. 6. In P. Kumaran v.... The failure to state the name of the Officer with whom the sample is to be sent for chemical examination is also fatal for the prosecution. [See Jayakumar v. State of Kerala...Smt. Sylaja, learned Public Prosecutor on behalf of the State. 4. The main contention of the counsel for the appellant is that even though the prosecution has produced and marked the...

...prosecution case. [See Jayakumar v. State of Kerala (2018 KHC 3165) and Kumaran v. State of Kerala (2016 (4...been held by this Court in Ravi v. State of Kerala (2018 (5) KHC 352), Balachandran V. State of Kerala (2020 (3) KHC 697...) & Smithesh V. State of Kerala (2019 (2) KLT 974) that failure to place the impression of the specimen seal used for sealing the sample, on...

...shown is 21.12.2002. The report of the analyst shows that the sample was received on 23.12.2002. The above infirmities are also fatal for the prosecution. [See Jayakumar v. State of Kerala (2018 KHC 3165), P. Kumaran v...that the delay in production of the contraband articles before the court, if not explained, is fatal to the prosecution case. [See Ravi v. State of Kerala (2018 (5) KHC...) & Balachandran V. State of Kerala (2020 (3) KHC 697)]. 5. Apart from the aspect of delay, Ext.P4 forwarding note produced...

...P. Kumaran v. State Of Kerala [2016 (4) KLT 718] contended that the prosecution failed to rule out the possibility of the sample being changed or tampered with. The... P. Kumaran v. State Of Kerala [2016 (4) KLT 718], held thus: "7. There is yet...affixed on the bottle containing the sample is left vacant. 9. In Bhaskaran v. State of Kerala...

...Laboratory. The learned counsel relied on P. Kumaran v. State Of Kerala [2016 (4) KLT 718] to...P. Kumaran v. State Of Kerala [2016 (4) KLT 718], held thus: "7. There is yet another reason to grant benefit of doubt...: Kanan and others v. State of Kerala (AIR 1979 SC 1127)], Jameel v. State Of...

.... 10. The learned counsel for the accused further relied on P. Kumaran v. State Of Kerala [2016 (4) KLT 718], to contend...P. Kumaran v. State Of Kerala [2016 (4) KLT 718], held thus: "7. There is yet another reason to grant benefit of doubt to the revision...Bhaskaran v. State of Kerala (2020 KHC 5296), this Court held that the nature of the seal used by the detecting officer shall be...

...P. Kumaran v. State Of Kerala [(2016) 4 KLT 718] held as follows: “There is yet another reason to grant benefit of doubt to...in P. Kumaran v. State Of Kerala [(2016) 4 KLT 718], Chandran v. State...[(2016) 4 KLT 727] and Mukundan v. State Of Kerala [(2016) 3 KLT 532...

...rendered by this Court in P. Kumaran v. State Of Kerala [2016 (4) KLT 718] and... investigation, and hence the proceedings are vitiated. The learned counsel places reliance upon P. Kumaran v. State Of Kerala [2016 (4...contention. However, in T.A. Santhosh v. State Of Kerala [2017 (5) KHC 107] , it was held by this Court that, this...

...v. State of Kerala [2019 (2) KLT 974]). So also, this Court has held that failure to write the date on which the Magistrate has counter signed the forwarding note so as to indicate the date of despatch of the sample is also fatal for the prosecution. (See P. Kumaran v.... State of Kerala [2018 (5) KHC 352], Balachandran v. State of Kerala [2020 (3) KHC 697] & Smithesh... IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI...