IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33314 of 2008(N)
1. SELVAMOHAN.K.A.,
... Petitioner
Vs
1. ASSISTANT EXCISE COMMISSIONER
... Respondent
2. EXCISE COMMISSIONER,
3. JOINT EXCISE COMMISSIONER,
For Petitioner :SRI.P.SANJAY
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :20/11/2008
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.33314 of 2008
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Dated this the 20th day of November, 2008
J U D G M E N T
The petitioner’s vehicle has been seized on allegation of
commission of an abkari offence using that vehicle. Pending
confiscation proceedings, the petitioner sought interim custody of
the vehicle. By Ext.P5, the petitioner has been directed to make a
cash deposit of Rs.4,80,000/- being the value of the vehicle
assessed as a condition for interim custody of the vehicle. The
petitioner is challenging Ext.P5 order in this writ petition.
According to the petitioner, it is grossly unreasonable to require
the petitioner to make a cash deposit as a condition for interim
custody of the vehicle. The petitioner is prepared to furnish
sufficient security for the amount.
2. I have heard the learned Government Pleader also.
3. The learned Government Pleader would submit that
there is nothing wrong in Ext.P5 order. What has been directed is
to give cash security. The learned Government Pleader further
submits that the matter is posted to 21.11.2008 for personal
hearing.
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4. Taking into account the facts and circumstances of the
case, I am satisfied that the interest of both parties would be
safeguarded if I direct the petitioner to furnish bank guarantee
for the amount of Rs.4,80,000/- as security for the interim
custody of the vehicle. Accordingly, this writ petition is disposed
of with a direction to the 1st respondent to give interim custody of
the vehicle to the petitioner on the petitioner furnishing a bank
guarantee for Rs.4,80,000/- to the satisfaction of the 1st
respondent and proof of ownership of the vehicle. The petitioner
shall furnish a bond also undertaking not to alienate or otherwise
part with possession of the vehicle until the confiscation
proceedings are finally decided.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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