Jayan v. State of Kerala

Evidence Law – transporting liquor without permission – The prosecution has chosen not to produce evidence regarding the correct registration number of the truck and the name of the registered owner thereof. Therefore, the entire prosecution case becomes doubtful.

A very shocking aspect of the case is that the prosecution did not even produce the record of the RTO in respect of the registration of the truck. Though the chassis and engine number of the truck were recorded in the mahazar, no investigation was carried out to ascertain the correct registration number of the offending truck. Thus, the identity of the truck itself becomes doubtful. The most relevant evidence of the record of RTO showing the name of the registered owner was withheld by the prosecution. There is no documentary evidence placed on record to show that the accused No. 1 was the owner of the offending truck at the relevant time. There is no other evidence pressed into service by the prosecution against the accused No.1. Therefore, it is a case of no evidence against the accused No.1. Thus, there was no justification for convicting the accused No. 1.

Citations : JT 2021 (10) SC 380