Code of Criminal Procedure, 1973 – Section 374(3)(a) – This appeal ought to have been filed before the Sessions Court – Is it just and reasonable to relegate the accused to the Sessions Court by returning the appeal for presenting it before that court ? – The appeal, though instituted mistakenly, has been pending on the files of the High Court for the last more than 14 years – taking into account the exceptional circumstances brought out in this case, justice demands that the appeal be decided on merits by High Court.
Abkari Act, 1077 – Ss. 8(1) r/w. 55(a) – There is absolutely no evidence to convince the court that the prosecution produced the specimen impression of the seal before the court and the same was provided to the Analyst for comparison. Therefore, no evidentiary value can be given to the chemical analysis report.
Citations : 2021 (4) KCC 114 : 2021 (4) KHC 588