IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 W.A.No.1951 of 2011 --------------------------------- (AGAINST THE JUDGMENT DATED 27.6.2011 IN W.P.(C).NO.15910 OF 2011-K) -------- APPELLANT/PETITIONER:- -------------------------------------- SAJEEV KUMAR M.S., AGED 45 YEARS, S/O.SREEDHARAN, MAMPALATH HOUSE, M.L.ROAD, KOTTAYAM. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS/RESPONDENTS:- ------------------------------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THRISSUR - 680 001. 2. THE DEPUTY EXCISE COMMISSIONER, THRISSUR - 680 001. 3. THE ADDL. EXCISE COMMISSIONER, EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 001. 4. THE COMMISSIONER OF EXICSE, EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 001. R1 TO R4 BY GOVT. PELADER SRI.GEORGE MECHERIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- APPENDIX APPELLANT'S ANNEXURES:- ----------------------------------------- ANNEXURE-A PHOTO COPY OF THE BILL DATED 13.7.2009 ISSUED FROM NISHA MOTOR WORKS, CHITTOOR ROAD, METTUPALAYAM. ANNEXURE-B PHOTO COPY OF THE BILL DATED 13.7.2009 ISSUED FROM BENX AUTOMOBILES, CHANDRA NAGAR, PALAKKAD. ANNEXURE-C PHOTO COPY OF THE JUDGMENT DATGED 30.11.2006 IN W.P.(C).NO.27132/2006 PASSED BY THIS COURT. - TRUE COPY - C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ------------------------------------------ W.A.No.1951 of 2011 ------------------------------------------ Dated this, the 22nd day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: The appellant's vehicle was confiscated under Section 67B of the Abkari Act for transporting toddy in excess of the permitted quantity. The vehicle when checked was found to be carrying 1750 litres of toddy from Chittur to Kottayam, whereas the permit available with the truck for transport of toddy was 1530 litres. Since there was an excess of 220 litres of toddy found in the appellant's vehicle, bearing registration No.KL-5/Z-8313, which is a Mini Lorry, Tata 407, the same was seized and later confiscated in the adjudication proceedings. It is against this proceedings, the appellant has approached the learned Single Judge with the writ petition, but without success. 2. After hearing the learned counsel for the appellant and the learned Government Pleader, what we notice is that the offence is only for transporting 220 litres of toddy over the permitted quantity. The appellant has offered an explanation that another vehicle W.A.No.1951 of 2011 - 2 - carrying toddy was way laid due to breakdown on the road and the toddy in that vehicle was transhipped to this vehicle to transport the same to the same destination. In the adjudication proceedings, the appellant also produced the permit available with the other truck for transport of 220 litres of toddy. 3. Even though the Government Pleader opposed stating that permit to transport excess quantity of toddy was not available in the truck, the confiscation for transport of this much quantity is a harsh punishment. In fact, even if the whole liquor transported was without permit, the consequence of maximum punishment is only confiscation of the vehicle. So much so, on equitable grounds, we feel the confiscation needs to be modified. Accordingly, we allow the writ appeal in part by substituting confiscation order with a penalty of Rs.1,00,000/- (Rupees one lakh only). On payment of this amount, which the appellant will pay within three weeks from now, the confiscation will stand cancelled and the vehicle will be given back to the appellant. If any endorsement is made in the Registration Certificate of the vehicle, the same shall be lifted or cancelled on payment of the W.A.No.1951 of 2011 - 3 - amount and production of receipt for the amount. As and when payment is made, the cash security collected will be refunded to the appellant without any delay. Sd/- C.N.Ramachandran Nair, Judge Sd/- K.Vinod Chandran, Judge. vku/-