IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8532 of 2008(N)
1. RAKEEB, AGED 46 YEARS, S/O.HAMEEDBAVA,
... Petitioner
2. GAGAN TANEJA, AGED 22 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Respondent
2. INTELLIGENCE INSPECTOR, SQUAD NO.1,
3. THE EXCISE COMMISSIONER, KERALA STATE
For Petitioner :SMT.K.LATHA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 8532 OF 2008 N
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Dated this the 17th day of March, 2008
J U D G M E N T
In this writ petition, the release of an autorikshaw bearing
Regn.No.KL 07 AQ 260 is what is sought for. It is stated that a
consignment of champagne brought on the strength of Ext.P1 was under
transport at the time when the same was detained as per Ext.P3.
Petitioner contends that proceedings as per Ext.P3 is only in respect of the
consignment and not the vehicle and therefore the vehicle should be
released.
2. Learned Government Pleader on instruction submits that the
consignment was destined to the Airport, but however, was transported
outside. According to him, the vehicle and the consignment was seized at
the time when it was attempted to be transported through rail in
unauthorised manner. It is also stated that thereafter Ext.P3 notice was
issued, but there was no response to the same. It is also stated that the
consignment and the vehicle was thereafter handed over to the excise
authorities, who have registered Crime No.11/2008 and that the matter is
now under investigation.
3. Even going by Ext.P1, there was no reason for the goods to
WPC 8532/08
:2 :
reach the railway station. If that be so, respondents cannot be faulted for
seizing the consignment. As far as the vehicle of the petitioner is
concerned, proceedings have already been initiated and the matter is
under investigation. At this stage, I am not persuaded to direct the
release of the vehicle.
4. Now that a crime has been registered as Crime No.11/2008
and the matter is under investigation by the Excise authorities, it is for the
petitioner to move the authority concerned, if at all they are interested in
getting the vehicle released.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp