FIRST LAW

Abkari Act ( Kerala)  -  S.15(c) -  In a prosecution under Section 15(c) of the Act, where the prosecution relies on the oral evidence of the Officials regarding taste and odour, and where there is no Alco Meter test result, the proper procedure must be to collect the blood sample of the accused at a hospital, and get the percentage of alcohol in the blood detected by laboratory test.

Arrest memo is required to be prepared contemporaneously at the time of arrest to show the genuineness of the arrest - it is a crucial document and with the availability of the same in evidence alone, the propriety and the regularity of the arrest could be ascertained - What is envisaged by the preparation of an arrest memo is only to ensure that the accused was arrested and taken into custody at a place, at a particular point of time and based on a specific and clear allegation of accusation against him - Only to ensure that these particulars were observed by the official at the time of arrest that the preparation of arrest memo is insisted. [Para 17]