IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27281 of 2010(I)
1. RINEESH N.P., S/O.RAGHAVAN,
... Petitioner
Vs
1. ASSISTANT EXCISE COMMISSIONER,
... Respondent
2. EXCISE INSPECTOR, EXCISE RANGE,
For Petitioner :SRI.M.V.AMARESAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/08/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.27281 of 2010
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Dated this the 15th day of September, 2010
J U D G M E N T
The petitioner is the owner cum driver of an auto
rickshaw bearing Registration No.KL-13-J-1374. The said vehicle was
seized by the second respondent on 5.8.2010, for the reason that
nine liters of Indian made Foreign Liquor was found in a bag kept in
the auto rickshaw. Thereupon, crime No.25 of 2010 of Excise Range,
Payyannur was registered against the petitioner. Ext.P3 notice was
also issued informing the petitioner that the offence can be
compounded by paying the compounding fee. This writ petition was
thereupon filed seeking a direction to the respondents to release the
vehicle to the petitioner on production of Bank Guarantee for the value
of the vehicle as estimated by the competent authority.
2. When the writ petition came up on 2.9.2010, the
learned Government Pleader was directed to get instructions. Today,
when the writ petition came up for admission, the learned Government
Pleader, on instructions, submitted that if the petitioner moves an
appropriate application before the Deputy Excise Commissioner,
Kannur, seeking interim custody of the vehicle, the said officer will
W.P.(C) No.27281 of 2010
2
consider the same, in the light of the provisions contained in the
Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and take
an appropriate decision in the matter of grant of interim custody
expeditiously and in any event, within two weeks from the date on
which the application is filed.
In the light of the said submission, I dispose of the writ
petition with a direction to the petitioner to file an appropriate
application before the Deputy Excise Commissioner, Kannur, seeking
interim custody of the vehicle. In that event, the said officer shall
consider the same and take a decision thereon, in the light of the
provisions contained in the Kerala Abkari (Disposal of Confiscated
Articles) Rules, 1996, within a period of two weeks from the date of
receipt of such an application.
P.N.RAVINDRAN,
Judge.
nj.