IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 36983 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- MIDHUNLAL, AGED 18 YEARS, S/O.MADHUSOODHANAN, KIZHAKKEPARAMBU, VELIYANADU.P.O., ALAPPUZHA. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, ALAPPUZHA. 4. SUB INSPECTOR OF POLICE, RAMANKARY POLICE STATION, ALAPPUZHA DISTRICT. R1 TO R4 BY GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010, ALONG WITH WPC. NO. 36988 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 36983 & 36988 OF 2010 -------------------------- Dated this the 17th day of December, 2010 J U D G M E N T The petitioner in W.P.(C) No.36983 of 2010 is the registered owner of a motor bike bearing registration No.KL-04-Y-5485 and the petitioner in W.P.(C) No.36988 of 2010 is the registered owner of a motor bike bearing registration No.KL-04-Y-5873. The aforesaid vehicles were seized by the fourth respondent on 12.8.2010 in connection with Crime No.263 of 2010 of the Ramankary Police Station, registered under sections 55(a), 8(1), 8(2) and 63 of the Abkari Act. The fourth respondent thereafter produced the vehicles before the Deputy Commissioner of Excise, Alappuzha. The petitioners thereupon moved the said officer by filing Exts. P2 and P3 representations respectively. The grievance voiced by the petitioners is that though nearly three months have passed after their vehicles were seized, till date orders have not been passed on their applications for interim custody. In this writ petition, the petitioners seek a direction to the respondents to release their respective vehicles by way of interim custody after accepting security. WPC Nos. 36983 & 36988/2010 2 2. When the writ petition came up for hearing today, Sri.V.Manu, the learned Government Pleader appearing for the respondents submitted that applications submitted by the petitioners for interim custody have been received and are pending. He also submitted that the third respondent will consider the request made by the petitioners for interim custody in the light of the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and take a decision thereon expeditiously and in any event within three weeks from today. He also submitted that the third respondent will expedite the proceedings initiated by him to confiscate the vehicles. In the light of the above submissions, I dispose of these writ petitions with the following directions:- (i) The third respondent shall within three weeks from today consider the request made by the respective petitioners for interim custody of their vehicles and take an appropriate decision thereon in accordance with the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996. (ii) The third respondent shall finalise the proceedings, if any, initiated by him under section 67B of the Abkari Act after notice to and affording the petitioners a reasonable opportunity of being heard WPC Nos. 36983 & 36988/2010 3 expeditiously and in any event within three months from the date on which the petitioners produce a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps WPC Nos. 36983 & 36988/2010 4 WPC Nos. 36983 & 36988/2010 5