IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22513 of 2009(H) -------------------------- PETITIONER(S): --------------- B.N.MOHANKUMAR, AGED 33 YEARS S/O. B.S.NARAYANA GOWDA, BYDARAHALLY, K.R.NAGAR(P.O.) MYSORE DIST. KARNATAKA STATE. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- THE DEPUTY COMMISSIONER OF EXCISE WAYANAD, EXCISE DIVISION OFFICE, MUTTIL.P.O. KALPATTA, WAYANAD DIST. By GP I V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22513 OF 2009 ............................................ DATED THIS THE 7TH DAY OF AUGUST, 2009 JUDGMENT Heard the learned counsel for the petitioner. The allegations against the petitioner is that a private car, viz, Chevrolet Tavera, belonging to him, was intercepted in a check post in the Kerala Karnataka border and Excise officials seized seven bottles of IMFL and on the allegation that offences punishable under Section 55(a) of the Abkari Act have been committed. The driver is arrayed as an accused before Judicial First Class Magistrate-II, Mananthavady. As a consequence, the vehicle belonging to the petitioner is pending confiscation proceedings and petitioner sought custody of the vehicle. However, the value of the vehicle was fixed as Rs.5,00,000/- and the impugned order is issued directing that on the petitioner remitting that amount, the vehicle could be released. Petitioner seeks intervention of this court for a direction to have the vehicle released on bank guarantee. Having regard to the facts and circumstances, I deem it appropriate that the petitioner Wpc 22513/2009 2 would be entitled to an order as sought for in terms of the decisions of the Division Bench in Prasad V. S.I of Police(2000 (2) KLT 790). Accordingly, it is ordered that the impugned order would stand modified and petitioner will be entitled to interim custody of the vehicle on production of bank guarantee for the amount of Rs.5,00,000/- and also on an undertaking to produce the vehicle as and when required at the conclusion of the confiscation proceedings. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/8