IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22935 of 2008(E)
1. SUNIL, AGED 32 YEARS, S/O.LEELA,
... Petitioner
2. M/S.CHOLAMANDALAM DBS FINANCE LTD.,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE ASST.EXCISE COMMISSIONER,
3. THE ADDL.EXCISE COMMISSIONER,
For Petitioner :SRI.NIREESH MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NOs. 22935, 23003 & 23004 OF 2008
=============================
Dated this the 11th day of August, 2008
J U D G M E N T
In WP(C) No.22935, against Ext.P2 order of confiscation
issued and passed under Section 67F of the Abkari Act, ordering
confiscation of a Scorpio vehicle bearing Regn.No. KL-07/AN 581,
Ext.P3 appeal filed by the petitioner before the Additional
Commissioner to Excise is pending.
2. In so far as WP(C) No.23003 is concerned, this
concerns the confiscation proceedings pending in relation to a
Mahindra Max Pick-up van bearing Regn.No.KL-32/6161 seized in
connection with CR No.96/2007 of Cherthala Excise Range.
3. In so far as WP(C) No.23004 is concerned, the vehicle
in question is a Mahindra Pick-up van bearing Regn.No.KL-4/W-
3184 seized in connection with CR No.78/07 by Circle Inspector
of Excise, Kuttanad.
4. The prayer made in these writ petitions is for
temporary release of the vehicles to the registered owners of the
vehicle.
WPC 22935, 23003 & 23004/08
:2 :
5. As already noticed, in so far as WP(C) No.22935/08 is
concerned, appeal is pending before the Appellate Authority and
in so far as other two cases are concerned, proceedings under
Section 67F are pending before the respective authorised officers.
Pending finalisation of the proceedings, I do not find any reason
not to release the vehicle and leave the vehicles exposing the
same to sun and rain and causing damage, which will be of
benefit to either of the parties.
6. Therefore, the writ petitions are disposed of with the
following directions.
7. That the appellate authority in WP(C) No.22935/08
and the authorised officer concerned in WP(C) Nos.23003 and
23004/08 shall get the value of the vehicles assessed by a
competent officer of their own department or of the Motor
Vehicles Department. Thereafter if the registered owners of the
vehicles in question furnish bank guarantee for the full amount of
the value of the vehicle either by himself or by the financier, the
vehicles will be released to the respective registered owners
subject to an undertaking in the form of an affidavit filed by them
WPC 22935, 23003 & 23004/08
:3 :
that the vehicles in question will not be encumbered or alienated
and that the same will be produced as and when called for.
8. Petitioners are directed to produce copy of the
judgment before the respective officers for compliance.
Writ petitions are disposed of as above.
ANTONY DOMINIC, JUDGE
Rp