IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 32068 of 2011(G) ----------------------------------------- PETITIONER(S): -------------------------- K.RAVI, AGED 28 YEARS, S/O.KRISHNANKUTTY, VELLARANKALLUMEDU, VANNAMADA P.O., KOZHIPATHY VILLAGE, PALAKKAD DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN, SRI,NIREESH MATHEW, RESPONDENT(S): --------------------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR - 680 001. 3. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THRISSUR - 680 001. 4. THE MECHANICAL ENGINEER, EXCISE DEPARTMENT, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32068/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 10/10/2011 IN B.A.NO.7365/2011 PASSED BY THIS HON'BLE COURT. P2: COPY OF THE STATEMENT DTD. 29/09/2011 GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE ORDER DTD. 10/10/2011 IN CRL.M.C.NO.3281/2011 PASSED BY THIS HON'BLE COURT. P4: COPY OF THE PETITION DTD. 23/11/2011 SUBMITTED BEFORE THE 2ND RESPONDENT WITH COPIES TO RESPONDENTS 3 AND 4. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.32068 Of 2011 ---------------------- Dated this the 13th day of December, 2011. J U D G M E N T Heard the learned senior counsel for the petitioner and the learned Government Pleader. 2. Writ petition is filed for a direction commanding the respondents to release the vehicle of the petitioner bearing Registration No.KL-9-X-4565 seized in Cr.No.34/2011 of Thrissur Excise Range temporarily to the petitioner on furnishing bank guarantee/cash security towards the value of the vehicle assessed by the 4threspondent subject to the finalisation of the confiscation proceedings, if any, as per the request in Ext.P4 at the earliest. 3. The petitioner is the registered owner of a vehicle bearing registration No.KL-9-X-4565. The vehicle was seized while transporting toddy on 2.8.2011 and that Crime was registered against the petitioner and others for offence punishable under Section 55(a) of the Abkari Act as Cr.No.34/2011 of Thrissur Excise Range. The petitioner submitted Ext.P4 petition on 23.11.2011 for release of the vehicle temporarily pending confiscation proceedings. It is ::2:: W.P.(C).No.32068 Of 2011 pointed out that orders have not been passed till date. Therefore, the petitioner approached this Court for a direction to release the vehicle pending confiscation proceedings on furnishing bank guarantee/cash security. In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to release the vehicle bearing registration No.KL-9-X-4565 to the petitioner on condition that the petitioners shall furnish bank guarantee, from a nationalised bank, for the value of the vehicle, to the satisfaction of the 2nd respondent, after getting proper valuation of the vehicle from the competent authority. The vehicle shall be released within a period of three weeks from today. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for compliance. It is made clear that the release of the vehicle will be subject to confiscation proceedings and the vehicle shall be produced as and when required by the 2nd respondent. HARUN-UL-RASHID, Judge. bkn/-