IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1075 of 2006()
1. A.K.ISMAIL, S/O.IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. ADDITIONAL EXCISE COMMISSIONER,
3. ASSISTANT EXCISE COMMISSIONER,
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :05/03/2009
O R D E R
K.BALAKRISHNAN NAIR &
M.L.JOSEPH FRANCIS, JJ.
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W.A. NO. 1075 OF 2006- C
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Dated 5th March, 2009.
JUDGMENT
Balakrishnan Nair, J.
The writ petitioner is the appellant. The respondents in the Writ
Petition are the respondents herein. The appellant was the registered owner
of a jeep bearing registration No.KL/14A 6461. The said vehicle was
seized by the police, on the ground that it was carrying Indian made foreign
liquor worth Rs.1200/-. At the relevant time, the vehicle was driven by the
appellant’s son. The vehicle was handed over to the Excise Officials.
Thereupon, proceedings were initiated against the appellant for
confiscation of the vehicle. The Assistant Excise Commissioner by Ext.P1
order, ordered confiscation of the vehicle. In appeal, it was affirmed by
the Additional Commissioner of Excise, by Ext.P3 order and in revision,
by the Commissioner of Excise, by Ext.P5 order. The Writ Petition was
filed, challenging those orders. The learned Single Judge noted that there
was a Sessions Case, as S.C.No.40/1998 against the appellant and his son,
WA 1075/2006 2
arising out of the transport of foreign liquor, using the aforesaid vehicle.
Though the appellant was acquitted, his son, who drove the vehicle, was
convicted by the Sessions Court. The Sessions Court ordered confiscation
of the vehicle also.
2. It is common case that the order of the Sessions Court has become
final. In view of the said position, no relief could be granted to the
appellant/petitioner in the Writ Petition. So, the learned Single Judge
rightly dismissed the Writ Petition. In view of the facts of the case, we
cannot take a different view. Accordingly, the Writ Appeal is dismissed.
K.BALAKRISHNAN NAIR, JUDGE.
M.L.JOSEPH FRANCIS, JUDGE.
nm/