IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1673 of 2007()
1. SINDHU BABU, BINDHU BHAVANAM VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. THE ASSISTANT EXCISE COMMISSIONER,
For Petitioner :SRI.ARUN.B.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/05/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 1673 OF 2007
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Dated this the 30th day of May, 2007
ORDER
The petitioner is the owner of a vehicle which was seized
in connection with an abkari offence. Proceedings under
Sec.67B of the Abkari Act were initiated. Application under
Sec.451 of the Cr.P.C. was allowed and the vehicle now
remains in the custody of the petitioner on the strength of a
bond executed by her undertaking to abide by the conditions.
2. Subsequently, an order under Sec.67B of the Abkari
Act has been passed confiscating the vehicle. The learned
Magistrate, in these circumstances, issued directions to the
petitioner to surrender the vehicle released to her. The
petitioner has come to this Court pleading ignorance about any
such order under Sec.67B. In any case, it is now admitted that
a copy of the order has by now been served on the petitioner.
The petitioner’s prayer now is very limited. She prays that she
may be given breathing time to prefer an appeal under
CRL.M.C.NO. 1673 OF 2007 -: 2 :-
Sec.67E of the Abkari Act and secure interim orders. In the
meantime, the order directing production of the vehicle before
the learned Magistrate may not be enforced, it prayed.
3. In the circumstances of this case, I am satisfied that
the petitioner can be given some time as prayed for. This
Crl.M.C. is, in these circumstances, allowed and it is directed
that the learned Magistrate shall not enforce the direction to
produce the vehicle before 30/6/07. It shall be open to the
petitioner, in the meantime, to prefer an appeal and secure
interim orders and move the learned Magistrate on the strength
of such interim order, if any, to show that the vehicle is not liable
to be re-possessed now.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
