IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9253 of 2009(B) ------------------------- PETITIONER(S): --------------- ABUBACKER, S/O.ISMAILKANI RAWTHER, SHAFEEK MANZIL, KALAYANAD, VALAKODE VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.DINESH RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE,THIRUVANANTHAPURAM. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9253 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd March, 2009. J U D G M E N T The petitioner is the owner of a lorry bearing Reg. No. KL- 25/8701. While the petitioner was transporting ayurvedic preparations purchased from A.R. Pharmaseuticals, on behalf of one Sri. A. Shafeek, who, the petitioner submits, holds valid licences under law, the vehicle with the goods have been seized and Ext. P1 crime and occurrence report have been filed under the Abkari Act. Ext. P2 notice has been issued to the petitioner for confiscation of the lorry. The petitioner submits that in so far as the consignment is on behalf of a person holding valid licences, there is no reason why the lorry should be confiscated. He further submits that in so far as the confiscation proceedings would take a long time, the respondents may be directed to release the lorry. Seeking this prayer, the petitioner has already submitted Ext. P3. The petitioner seeks a direction to the 2nd respondent to pass final orders in the matter. 2. I have heard the learned Government Pleader also. 3. In the above circumstances, I direct the 2nd respondent to consider and pass orders on Ext. P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. While doing so, the 2nd respondent shall consider whether petitioner's lorry can be released on the petitioner furnishing bank guarantee for the value of the vehicle as assessed by the 2nd respondent. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.