IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1898 of 2009()
1. BINU,S/O.VIJAYAN,BINDUBHAVANAM VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :19/06/2009
O R D E R
THOMAS P. JOSEPH, J.
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Crl.R.P.No.1898 of 2009
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Dated this the 19th day of June, 2009.
ORDER
This revision is in challenge of order dated 8.5.2009 on C.M.P.No.3538 of
2009 of learned Judicial Magistrate of First Class-I, Kottarakkara. Case is that
the vehicle allegedly belonging to the petitioner was seized by the Excise
Officials in connection with Crime No.41 of 2009 of Ezhukone Excise Range on
the allegation that it was used for transportation of twenty litres of Indian made
foreign liquor. Matter was reported to the learned magistrate and the vehicle was
produced before the Assistant Excise Commissioner, the authorised officer
empowered to order confiscation of the vehicle. Petitioner moved
C.M.P.No.3538 of 2009 before learned magistrate seeking interim custody of
the vehicle. That petition was dismissed by the impugned order as the vehicle
has been produced before the authorised officer.
2. I heard counsel for petitioner and Public Prosecutor who took
notice for respondent. The Supreme Court in State of Kerala v. Jabbar (2009
(2) KLT 709) has held, in respect of seizure of vehicle allegedly involved in
abkari offences that the High Court should not interfere when statutory remedy is
Crl.R.P.No.1898/2009
2
available. Going by the decision of the Apex Court petitioner has to approach
the authorised officer seeking appropriate relief. Learned magistrate has
correctly disallowed the prayer. There is no reason to interfere in revision.
Revision petition fails. It is dismissed.
THOMAS P.JOSEPH,
Judge.
cks