High Court Kerala High Court

Rakeeb vs State Of Kerala Represented By … on 17 March, 2008

Kerala High Court
Rakeeb vs State Of Kerala Represented By … on 17 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8532 of 2008(N)


1. RAKEEB, AGED 46 YEARS, S/O.HAMEEDBAVA,
                      ...  Petitioner
2. GAGAN TANEJA, AGED 22 YEARS,

                        Vs



1. STATE OF KERALA REPRESENTED BY SECRETARY
                       ...       Respondent

2. INTELLIGENCE INSPECTOR, SQUAD NO.1,

3. THE EXCISE COMMISSIONER, KERALA STATE

                For Petitioner  :SMT.K.LATHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/03/2008

 O R D E R
                         ANTONY DOMINIC, J.
                       ===============
                     W.P.(C) NO. 8532 OF 2008 N
                   ====================

               Dated this the 17th day of March, 2008

                            J U D G M E N T

In this writ petition, the release of an autorikshaw bearing

Regn.No.KL 07 AQ 260 is what is sought for. It is stated that a

consignment of champagne brought on the strength of Ext.P1 was under

transport at the time when the same was detained as per Ext.P3.

Petitioner contends that proceedings as per Ext.P3 is only in respect of the

consignment and not the vehicle and therefore the vehicle should be

released.

2. Learned Government Pleader on instruction submits that the

consignment was destined to the Airport, but however, was transported

outside. According to him, the vehicle and the consignment was seized at

the time when it was attempted to be transported through rail in

unauthorised manner. It is also stated that thereafter Ext.P3 notice was

issued, but there was no response to the same. It is also stated that the

consignment and the vehicle was thereafter handed over to the excise

authorities, who have registered Crime No.11/2008 and that the matter is

now under investigation.

3. Even going by Ext.P1, there was no reason for the goods to

WPC 8532/08
:2 :

reach the railway station. If that be so, respondents cannot be faulted for

seizing the consignment. As far as the vehicle of the petitioner is

concerned, proceedings have already been initiated and the matter is

under investigation. At this stage, I am not persuaded to direct the

release of the vehicle.

4. Now that a crime has been registered as Crime No.11/2008

and the matter is under investigation by the Excise authorities, it is for the

petitioner to move the authority concerned, if at all they are interested in

getting the vehicle released.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp