IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WA.No. 1313 of 2010() ------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.22335/2010 DATED 20/07/2010 ............... APPELLANTS / RESPONDENTS IN WPC -------------------------------------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT. 2. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 3. THE EXCISE COMMISSINER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BASANT BALAJI RESPONDENTS / PETITIONERS IN WPC -------------------------------------------------------- 1. CHANDRN, S/O. VELAYUDHAN, RACHANA, MUTHUKULAM SOUTH.P.O., ALAPPUZHA DISTRICT-690506. 2. T.V.SURESHKUMAR, THYKOOTTATHIL HOUSE, THAMALLACKAL NORTH, THAMALLACKAL.P.O., KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT-690549. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010, ALONG WITH WA.NO. 1324/2010 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A.NOS: 1313/2010, 1324/2010 & W.P(C) NOS: 20850/2010 & 22335 OF 2010 ----------------------------------------------------------- Dated this the 31st August, 2010. JUDGMENT Ramachandran Nair, J. When the writ appeals came up for admission we called for the writ petitions also. In one of the writ petitions the petitioner's case is that further proceedings should not be continued against him before the test result is obtained by the Excise Department. The case instituted by the petitioner is based on an inspection and collection of samples of toddy from his house. According to the petitioner he is denying the allegations of higher concentration of alcohol alleged in the toddy seized and therefore, test result is mandatory for proceeding further against the petitioner in the matter. The Single Judge granted stay against further proceedings until receipt of test result against which State has filed writ appeal stating that they are free to proceed in the matter and test result is mandatory only if seizure is from shop and not from house. 2. We do not think there is any need to consider the question raised by the State in the present writ appeals because as of now W.A.Nos: 1313/2010, 1324/2010, WPC Nos: 20850/2010 & 22335/2010 2 test result is already available and when test result is available State Authorities are free to proceed based on the test result and petitioner has also cannot resist the same. In the circumstances in view of the availability of test result as of now writ appeals and writ petitions have become infructuous except in regard to the prayer of the petitioner in one of the writ petitions for release of the vehicle pending adjudication. We direct the Excise Authorities to get the vehicle valued and release the same on the petitioner furnishing bank guarantee from a nationalised bank for value of the vehicle. We make it clear that in the event of confiscation of the vehicle the State Authorities should encash the bank guarantee instead of releasing it against surrender of the vehicle because use of the vehicle by the petitioner after release will cause erosion in value and the State should not suffer the resultant loss. Writ appeals and writ petitions are disposed of with the above direction. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj W.A.Nos: 1313/2010, 1324/2010, WPC Nos: 20850/2010 & 22335/2010 3 W.A.Nos: 1313/2010, 1324/2010, WPC Nos: 20850/2010 & 22335/2010 4