IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7098 of 2010(J)
1. GOPIDAS, AGED 44 YEARS, S/O.SUKUMARAN,
... Petitioner
Vs
1. THE DEPUTY COMMISSIONER OF EXCISE
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.RAMANATHAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.7098 OF 2010 (J)
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Dated this the 5th day of March, 2010
J U D G M E N T
Petitioner submits that he is the registered owner of a vehicle
bearing registration No.KL-04-U- 7610. The vehicle was involved in
Crime No.20/2009 of Trissur Exchange Range. Proceedings were
initiated under Section 67 of the Abkari Act. At that stage, petitioner
approached this court and secured Ext.P4 judgment in WP(c).
No.15047/2009 directing the authorities to consider the application
made by him for interim custody of the vehicle pending finalization
of the proceedings.
2. Going by the pleadings in the writ petition itself, it is
evident that though the vehicle was offered to be released subject
to furnishing security, the petitioner was incapable of furnishing
the security and therefore the vehicle was not released. In the
meanwhile adjudication proceedings continued and according to the
petitioner, evidence was closed on 4.8.2009. It is stated that final
order has not been passed so far and therefore the vehicle should
be ordered to be released pending final orders.
WPC.No.7098 /2010
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3. As already seen on an earlier occasion the vehicle was
offered to be released on the petitioner furnishing security and the
petitioner was incapable of furnishing the security. Therefore at this
stage it is not possible for this court to again direct to release the
vehicle. As already seen what remains in the confiscation
proceedings is that the final order should be passed. In my view,
the appropriate order to be passed at this stage is that the
Adjudication Officer should complete the proceedings on an
expeditious basis.
Accordingly the writ Petition is disposed of directing the first
respondent to pass orders in the proceedings under Section 67 of
the Abkari Act that is pending in respect of the vehicle of the petiti
oner bearing registration No.KL-04-U- 7610. This shall be done as
expeditiously as possible and at any rate within 4 weeks from the
date of production of a copy of the judgment.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No.7098 /2010
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