IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16215 of 2010(B) -------------------------- PETITIONER: --------------- MARTIN PAULOSE BABY,AGED 35 YEARS, S/O.BABY CHERIYAN,VELLAMKANDATHIL HOUSE, KUTTAMANGALAM VILLAGE,KOTHAMANGALAM TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF EXCISE, KOTHAMANGALAM. BY GOVT.PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.16215 of 2010 --------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The grievance raised by the petitioner is that by Exhibit P2, for releasing by way of interim custody, the petitioner has been directed to deposit an amount of Rs.1,65,000/-, the value of the vehicle. The petitioner is the registered owner of a Maruthi Omni Van KL-44-9797. He is the accused in C.R.No.53/09 of Kothamangalam Excise Range under Sections 55(a) and 55(b) of the Abkari Act. Exhibit P2 is issued in terms of the directions issued by this Court in W.P.(C)No.12390/2010. A copy of the judgment in the said Writ Petition is produced as Exhibit P1 herein. 2. It is the case of the petitioner that the insistence of deposit of the amount cannot be justified. The petitioner is prepared to furnish bank guarantee for the amount. 3. Therefore, in modification of Exhibit P2, there will be a direction to the 1st respondent to release the vehicle on furnishing bank guarantee to the tune of Rs.1, 65,000/-. It is submitted W.P.(C)No.16215/10 -2- that he will also produce documents relating to the vehicle. On production of the bank guarantee, the vehicle will be released to the petitioner, pending finalisation of the confiscation proceedings and he will not transfer or part away with the vehicle during the pendency of the proceedings. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy