IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35885 of 2008(V)
1. SUNIL KUMAR, S/O.GANGADHARAN,
... Petitioner
Vs
1. THE ASSISTANT EXCISE COMMISSIONER,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :04/12/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.35885 OF 2008
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Dated this the 4th day of December, 2008
JUDGMENT
The petitioner challenges Ext.P4 notice whereby as a
condition for giving interim custody of the vehicle, which has
been subjected to confiscation proceedings under the Abkari Act,
the petitioner has been directed to deposit an amount of Rs.1
lakh being the value of the vehicle in the Treasury Savings Bank
Account and to produce passbook as also the documents
evidencing ownership of the vehicle within a period of seven
days. The contention of the petitioner is that a passenger of the
vehicle has, without knowledge of the driver, carried liquor in the
vehicle and therefore, the vehicle is not liable to confiscation. It
is further submitted that the petitioner is not able to raise this
much amount to obtain interim custody of the vehicle. He is also
not in a position to furnish bank guarantee as security. That
being so, I do not think that I can direct the respondent to give
interim custody of the vehicle to the petitioner without sufficient
security for the value of the vehicle. Since this Court is not
W.P.(c)No.35885/08 2
inclined to order interim custody without security, the learned
counsel for the petitioner submits that the confiscation
proceedings may be directed to be completed expeditiously.
In the above circumstances, the writ petition is disposed
of with a direction to the respondent to complete the
confiscation proceedings as expeditiously as possible, at any
rate, within a period of three months from the date of receipt
of a copy of this judgment.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.35885/08 3