IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5418 of 2009(V) ------------------------- PETITIONER(S): --------------- HASHIM P.N., S/O.NADEER HAMSA, H.NO.2/532, PEEDIKAYKKAL HOUSE, THRIKKAKARA - 682 021. BY ADV. SRI.V.B.UNNIRAJ SMT.SHYLA SHAFEEQ SMT.R.S.GEETHA RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, KAKKANAD. 3. DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 4. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 5. EXCISE INSPECTOR, NOORANAD RANGE, MAVELIKKARA. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5418 of 2009 ================== Dated this the 25th day of February, 2009 J U D G M E N T The petitioner submits that the petitioner purchased a Santro Car car on 16.10.2007, which was registered as KL-07-BG 5048. According to the petitioner, on the next day it was stolen from the residence of the petitioner, in respect of which, the petitioner has filed a complaint before the 2nd respondent, who has filed Ext.P2 FIR before the J.F.C.M. Court, Aluva. The 2nd respondent could not trace the vehicle nor arrest the culprit. After about 10 months thereafter, the vehicle was seized by the Excise authorities when the said vehicle was used for transporting 700 liters of illicit spirit from Nooranadu. According to the petitioner, the vehicle was used for transportation of illicit liquor without any knowledge of the petitioner by others who had stolen the vehicle. The confiscation proceedings are pending. The petitioner now seeks interim custody of the vehicle. 2. I have heard the learned Government Pleader also. 3. In view of facts and circumstances of the case, I am satisfied that the 4th respondent shall release the vehicle to the petitioner providing security for the value of the vehicle in terms of mortgage of immovable property by depositing title deeds. Accordingly, I dispose of this writ petition with a direction to the 4th w.p.c.5418/09 2 respondent to give interim custody of the vehicle to the petitioner pending confiscation proceedings, on the petitioner furnishing adequate security by way of mortgage of immovable properties by deposit of title deeds. the 4th respondent shall inform the petitioner the amount for which the petitioner has to provide security within one week from the date of receipt of a copy of this judgment and the vehicle shall be released within one week from the date of providing security to the satisfaction of the 4th respondent, subject to the result of the confiscation proceedings. This is subject to the further conditions that the petitioner shall produce proof of ownership of the vehicle and that the petitioner shall not alienate or otherwise part with possession of the vehicle till the confiscation proceedings are over. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge