IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12390 of 2010(W)
1. MARTIN
... Petitioner
Vs
1. THE DEPUTY COMMISSIONER OF EXCISE
... Respondent
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :08/04/2010
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.12390 OF 2010 (W)
--------------------------------------------------
Dated this the 8th day of April, 2010
J U D G M E N T
Petitioner claims to be the registered owner of a Maruti
Omni Van bearing registration No.KL 44 9797. The vehicle is
involved in Crime No.53/09 of Kothamangalam Excise Range and
is presently produced before the first respondent. According to
the petitioner proceedings under Section 67-B of the Abkari Act
have been initiated and pending finalization of the proceedings,
he sought interim custody of the vehicle by fling Ext.P3. Orders
have not been passed on Ext.P3 and therefore the writ petition is
filed.
2. If as stated by the petitioner the proceedings are still not
completed, there is no reason why the vehicle should be detained
exposing it to sun and rain, especially when the petitioner is
willing to furnish security for releasing the vehicle.
3. In view of the above, I dispose of this writ petition
directing the first respondent to get the value of the vehicle
assessed and release the vehicle, to its registered owner provided
adequate security as required by the first respondent is furnished.
WPC.No.12390 /2010
:2 :
The process shall be completed within two weeks from the date of
production of a copy of the judgment.
(ANTONY DOMINIC)
JUDGE
vi/