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Issues Involved:
The judgment involves the interpretation of chemical examination reports obtained during the investigation of alleged offences under Sections 56(b) and 57(a) of the Abkari Act, specifically focusing on the admissibility and credibility of the reports and the subsequent prosecution proceedings. Details of the Judgment: Issue 1: Admissibility of Chemical Examination Reports The petitioners, accused in a criminal case, sought to quash the final report based on conflicting chemical examination reports (Annexures A and B) of coconut toddy samples. Annexure A indicated ethyl alcohol content exceeding the prescribed limit, while Annexure B showed compliance. The prosecution argued that Annexure B report's admissibility should be determined during trial, citing potential chemical changes affecting alcohol percentage. The petitioners contended that their livelihood and right to life were at stake if the prosecution continued. Issue 2: Legal Precedents and Interpretation of Section 293 Cr.P.C The court considered precedents like Sudhakaran v. State of Kerala and Joshy George v. State of Kerala, where conflicting views on the admissibility of chemical reports were presented. The court analyzed Section 293 of the Code, emphasizing the admissibility of reports obtained during proceedings. It noted that Annexure B report, obtained during the investigation, was supported by Section 293, unlike Annexure A. The court highlighted the importance of relying on reports favoring the accused when prosecution fails to impeach them. Judgment The court, following the principle established in Joshy George's case, intervened under Section 482 of the Code and allowed the petition, quashing further proceedings based on the final report. It emphasized the need for clarity in the Rules regarding sending samples for analysis and suggested amending the process to enhance credibility by involving higher-ranking expert examiners. In conclusion, the court's decision to quash the final report was based on the admissibility and credibility of the chemical examination reports, highlighting the importance of following statutory provisions and ensuring fairness in prosecution proceedings.
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