IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16461 of 2010(G) --------------------------------- PETITIONER: -------------- MANOHARAN @ VAVACHY, AGED 47 YEARS, S/O.KUNJUPILLAI, PANAYASSERI KIZHAKKATHIL, THATHAMMUNNA MURI, NOORANAD VILLAGE, MAVELIKKARA. BY MR.RASHEED C.NOORANAD, ADVOCATE. RESPONDENTS: ------------------ 1. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA 2. THE INSPECTOR, EXCISE RANGE, NOORANAD P.O., ALAPPUZHA DISTRICT. BY MR.A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16461 OF 2010 --------------------------------------- Dated this the 28th day of May, 2010. J U D G M E N T The petitioner is the registered owner cum driver of a Bajaj Autorickshaw bearing registration No.KL-31/A 943. The said vehicle was seized on 21.04.2010 by the Excise party along with 18 litres of IMFL which, according to the petitioner, belonged to one Mr.Rajan who hired the autorickshaw for traveling. The petitioner was also arrested and has been released on bail. Seeking for a direction to release the autorickshaw under the relevant provisions of the Abkari Act namely, Sections 67B and 67C of the Act, this writ petition has been filed. 2. Learned counsel for the petitioner submitted that the petitioner is prepared to furnish Bank guarantee for release of the vehicle. Heard the learned Government Pleader appearing for the respondents. There will be a direction to the 1st respondent to pass appropriate orders granting interim release of the vehicle to W.P.(C) No.16461/2010 2 the petitioner on the petitioner furnishing Bank guarantee for the amount representing the value of the vehicle as assessed by a competent officer. The petitioner shall not transfer the vehicle or part away the possession pending the proceedings under Section 67B of the Abkari Act. Appropriate orders shall be passed within a period of two weeks. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp