S.Moideen vs State Of Kerala on 25 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35358 of 2010(T)


1. S.MOIDEEN, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DEPUTY COMMISSIONER OF EXCISE

3. STATION HOUSE OFFICER,

4. EXCISE INSPECTOR, EXCISE RANGE OFFICE,

5. REGIONAL TRANSPORT OFFICER,

6. ABRAHAM, PANACHIKKAL HOUSE,

                For Petitioner  :SRI.P.S.ABDUL KAREEM

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :25/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C).No.35358    OF 2010
          ===========================

   Dated this the 25th day of November,2010

                   JUDGMENT

Petitioner purchased Maruthi Alto Car KL-

54-592 in an auction conducted pursuant to an

order of confiscation under section 67B of

Abkari Act. This petition is filed for a

direction to the third respondent not to seize

the vehicle in Crime 1298/2007 of Kunnamkulam

Police Station.

2. Learned counsel appearing for the

petitioner was heard.

3. The argument of the learned counsel

appearing for the petitioner is that he had

purchased the vehicle for Rs.1,62,000/- on

29.4.2009, after it was confiscated under

section 67B of Kerala Abkari Act in the auction

conducted by the Joint Excise Commissioner,

South Zone and thus he became the absolute

W.P.(C)35358/2010 2

owner of the property free from any encumbrance and

therefore third respondent has no right to proceed

against the said vehicle.

4. The vehicle is sought to be seized in Crime

1298/2007 of Kunnamkulam Police Station on the

allegation that it is a stolen vehicle. Petitioner

is not entitled to contend that the police cannot

seize the vehicle, if it is a stolen vehicle. The

theft was committed earlier to 2007. Petitioner

purchased it only on 29.4.2009. In such

circumstances, petitioner is not entitled to get

any relief in this petition. Petitioner is entitled

to seek his remedy in respect of the vehicle in

accordance with law.

Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006