IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 7546 of 2010(P) ------------------------- PETITIONER(S): --------------- RAJA, S/O.AYAPPAN, HOUSE NO.188/10, MALI P.O., VANDANMEDU, IDUKKI. BY ADV. SRI.K.M.KURIAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA. 2. THE EXCISE ASSISTANT COMMISSIONER, THODUPUZHA. BY GOVT. PLEADER SRI. K.V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7546 OF 2010 (P) -------------------------------------------------- Dated this the 24th day of March, 2010 J U D G M E N T Petitioner claims to be the registered owner of the Jeep bearing registration No.KL-7-G 5097. On the allegation that 60 litres of Indian Made Foreign Liquor was recovered from the Vehicle, crime No.112/2010 was registered by the first respondent and the vehicle was seized on 16.2.2010. According to the petitioner, thereafter proceedings have been initiated under section 67 and in the meanwhile he seeks interim custody of the vehicle. 2. Learned Government Pleader has obtained instructions. He submits that the first respondent seized the vehicle on 16.2.2010 and produced the same before the Deputy Commissioner of Excise, Idukki on 17.2.2010. It is also pointed out that being the Authorized Officer, it is up to the Deputy Commissioner to initiate action under Section 67 and to deal with the petitioner's request for release of the vehicle. 3. Now that the vehicle is in the custody of the Authorized Officer, it is up to the petitioner to move the said officer for interim WPC.No. 7546/2010 :2 : custody of the vehicle. 4. It is directed that it will be open to the petitioner to apply to the Deputy Commissioner of Police, in which event the said Officer shall get the value of the vehicle assessed and if the petitioner is willing to furnish security, the vehicle will be released to him, on his proving that he is the registered owner of the vehicle. Petitioner shall produce a copy of the judgment before the Deputy Commissioner of excise for compliance. (ANTONY DOMINIC) JUDGE vi/