Dominic Savio vs The Deputy Commissioner Of Excise on 23 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5753 of 2010(T)


1. DOMINIC SAVIO, S/O.VARGHESE,
                      ...  Petitioner

                        Vs



1. THE DEPUTY COMMISSIONER OF EXCISE,
                       ...       Respondent

                For Petitioner  :SRI.IEANS.C.CHAMAKKALA

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/02/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
             W.P.(C) NOs. 5753 & 5760 OF 2010
            =========================

          Dated this the 23rd day of February, 2010

                         J U D G M E N T

Petitioner in WP(C) No.5753/10 submits that he is the

registered owner of a Mahindra Scorpio vehicle bearing

Regn.No.KL-02/P 8267, which is involved in Crime No.1056/09

registered by the Sub Inspector of Police, Harbour Police Station,

Ernakulam.

2. Petitioner in WP(C) No.5760/10 submits that he is the

registered owner of a Tavera Car bearing Regn.No.KL/17 B 4775,

involved in Crime No.1047/09 registered by the Circle Inspector of

Police, Ernakulam.

3. The offence against both these vehicles are under the

provisions of the Abkari Act.

4. On seizure of the vehicles, these vehicles were

produced before the respondent and it is stated that proceedings

under Section 67 of the Abkari Act for the confiscation of the

vehicles have been initiated. In the meantime, petitioners say that

they have filed applications requesting for interim custody of the

vehicles. Orders have not been passed on the applications and

WPC Nos.5753 & 5760/10
:2 :

therefore writ petitions have been filed complaining that

inordinate delay has been caused and that in the meanwhile, the

vehicles are being kept exposed to sun and rain.

5. If the petitioners have sought release of the vehicles,

and as the counsel for the petitioners submits that they are willing

to furnish bank guarantee for the value of the vehicles, I see no

reason why the request shall not be considered.

6. Writ petitions are therefore disposed of with the

following directions:-

(1) As according to the learned Government Pleader, the

aforesaid vehicles have already been valued and if the

petitioners furnish bank guarantee for the full value of the

vehicles, the vehicles in question will be released to the

respective registered owners, pending finalisation of the

proceedings.

(2) It will be open to the respondent to make necessary

entries in the RC Book of the vehicles also.

(3) Petitioners may produce a copy of this judgment before

the respondent for compliance.

ANTONY DOMINIC, JUDGE
Rp