Nemi Chand Jain vs The Excise Commissioner on 17 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 516 of 2008(J)


1. NEMI CHAND JAIN ,PROPRIETOR, DINESH
                      ...  Petitioner

                        Vs



1. THE EXCISE COMMISSIONER,
                       ...       Respondent

2. THE ASSISTANT EXCICE COMMISSIONER

3. THE SUB INSPECTOR OF POLICE

4. SRI.VIJAYAN.S,S/O. STEPHEN,

5. SRI.STEPHEN,S/O. ANTONY,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/01/2008

 O R D E R
                        V. RAMKUMAR , J.
            ==========================
                 W.P.(C). No. 516 of 2008
            ==========================
            Dated this the 17th day of January, 2008.

                           JUDGMENT

The petitioner, who is the owner and financier in respect of

a 1993 Model Maheendra Jeep bearing Registration No. KL-2 B-

1634 of which the 4th respondent is the registered owner, seeks

interim custody of the vehicle. The 4th respondent sold the

vehicle to the 5th respondent as per Ext.P3 agreement dated

25.09.2007. The Sub Inspector of Police, Punalur took the

vehicle into custody on 25.10.2007 on the allegation that an

abkari offence was registered in respect of the vehicle. Since

respondents 4 and 5 did not pay the hire purchase dues so as to

get the vehicle released from the 3rd respondent, they jointly

issued Ext.P5 consent letter dated 20.12.2007 relinquishing their

right and ownership in respect of the vehicle to the petitioner.

The petitioner is not an accused in Ext.P4 FIR registered for the

abkari offence. The vehicle is kept in the police station premises

for the last three months and remains exposed to sun and rain.

In the light of the decision of the Supreme Court reported in

W.P.(C) No. 516/2008 : 2 :

Sunder Bhai Ambalal Desai vs. State of Gujarath -2003(2)

KLT 1089 and in view of the fact that the petitioner is the

financier in respect of the vehicle, the interim custody of the

vehicle is directed to be given to the petitioner pending final

orders for confiscation. Such interim custody of the jeep in

question shall be given by the Judicial First Class Magistrate,

Punalur on the petitioner making an application in that regard

and furnishing a bank guarantee for the value of the vehicle and

subject to the following conditions:-

i. The petitioner shall not transfer the vehicle wholly or in

part to any other person.

ii. The petitioner shall keep the vehicle in the same

condition in which it is released to him.

Iii. The petitioner shall produce the vehicle before the

Magistrate or before such other officer whom the Magistrate

shall indicate as and when required.

iv. The petitioner shall not use the vehicle for any illicit

purpose.

W.P.(C) No. 516/2008 : 3 :

In case the petitioner violates any of the above conditions,

the bank guarantee furnished by the petitioner can be enforced.

The value of the vehicle shall be ascertained expeditiously and at

any rate within two weeks of receipt of a copy of this judgment

and thereupon the petitioner shall furnish the bank guarantee as

indicated above.

This writ petition is disposed of as above.

V. RAMKUMAR, JUDGE.

rv

W.P.(C) No. 516/2008 : 4 :