High Court Kerala High Court

P.K.Binil vs Assistant Excise Commissioner on 17 December, 2008

Kerala High Court
P.K.Binil vs Assistant Excise Commissioner on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33648 of 2008(E)


1. P.K.BINIL
                      ...  Petitioner

                        Vs



1. ASSISTANT EXCISE COMMISSIONER,
                       ...       Respondent

2. EXCISE INSPECTOR

3. SECRETARY TO GOVERNEMENT

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/12/2008

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                     W. P (C) No. 33648 of 2008
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
               Dated this, the 17th    December, 2008.

                            J U D G M E N T

Petitioner’s vehicle has been seized on allegation of commission

of an abkari offence. The petitioner approached the appropriate

criminal court for release of the same. The petitioner did not succeed

apparently because confiscation proceedings are pending. While so,

Ext. P2 order was passed by the 1st respondent in the confiscation

proceedings confiscating the vehicle. The petitioner now challenges

Ext. P2 order. The main contention raised by the petitioner is that

although Ext. P1 RC Book specifically showed that the vehicle was

transferred to him as early as on 8-1-2005, consequent on the seizure

on 17-9-2007, Ext. P2 has been passed with notice to the former

registered owner, and not to the petitioner who is the registered

owner of the vehicle.

2. I have heard the learned Government Pleader also. Learned

Government Pleader submits that notice was issued only to the former

registered owner because the transfer of the vehicle to the petitioner

was not noticed.

3. I am not completely satisfied with the conduct of the

petitioner. The petitioner very well knew that his vehicle had been

seized by the police on 17-9-2007. Nothing prevented the petitioner

from approaching the 1st respondent and requesting that he also be

heard in the matter, which he had not done, whereas at the same time

he approached the criminal court for release of the vehicle. All the

same, technically what the petitioner submits is correct, in so far as

the petitioner who is the registered owner of the vehicle, has not been

served with a notice as contemplated under the Abkari Act. That

being so, Ext. P2 is unsustainable for violation of principles of natural

W.P.C. No. 33648/2008. -: 2 :-

justice.

Accordingly, Ext. P2 is quashed. The 1st respondent is directed

to consider the matter afresh as per the provisions of the Abkari Act

and pass fresh orders, after affording an opportunity of being heard to

the petitioner, as expeditiously as possible, at any rate, within three

months from the date of receipt of a copy of this judgment.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.