IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24368 of 2008(A)
1. FAST AND SAFE TRANSPORTS PVT.LTD.,
... Petitioner
2. RAJARAM DNYANOBA, SREERAM COMPOUND,
Vs
1. EXCISE INSPECTOR, MANJESWAR EXCISE
... Respondent
2. JALARAM & CO., SHOP NO.106,
3. KESAR AGENCIES, KOTTAPARAMBU,
4. ASSISTANT EXCISE COMMISSIONER,
For Petitioner :SRI.K.I.MAYANKUTTY MATHER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 24368 OF 2008 A
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Dated this the 21st day of August, 2008
J U D G M E N T
A truck bearing Regn.No.KA-22A/4906 owned by the 2nd petitioner
and hired by the first petitioner has been detained by the 1st respondent
on the ground that one of the consignments in the truck contained 25
packets of rectified spirit. In this writ petition, what is mainly prayed for is
that the remaining consignments belonging to the other customers of the
1st petitioner have nothing to do with the detention in the aforesaid
consignment and therefore should be released.
2. On the other hand, the learned Government Pleader submits
that other consignments were used for hiding the packets containing
rectified spirit and therefore all those consignments have also been
detained and produced before the 4th respondent, the authorised officer
for proceeding under Section 67B. It is stated that the authorised officer
has already initiated proceedings under Section 67B of the Abkari Act.
3. Now that the matter is pending before the 4th respondent,
being the authorised officer under Section 67B, and as these consignments
belong to third parties and especially in view of the claims now made by
WPC 24368/08
:2 :
the customers on the petitioner, it is essential that the authorised officer
finalise the proceedings on an expeditious basis.
4. Therefore, I direct that the 4th respondent shall finalise the
proceedings as expeditiously as possible.
5. It will also be open to the petitioner to move the 4th
respondent, for finalising the proceedings on an expeditious basis and also
to consider the request of the petitioner for interim release of the
consignments and also the truck in question.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp