IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 21861 of 2008(C) ---------------------------------------- PETITIONER: -------------------- K.RAVEENDRANATHAN,S/O. KESAVAN, 19/294-A,POLANIKALAM, THATHAMANGALAM, PALAKKAD. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------------------- 1. ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 2. EXCISE CIRCLE INSPECTOR, CHITTOOR. 3. SUB INSPECTOR OF POLICE, CHITTOOR. 4. BASHEER, S/O. UMMER, KOZHIKKADA, THATHAMANGALAM, PALAKKAD. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21861/2008 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF REGISTRATION AND INSURANCE CERTIFICATE OF KL-09/T 5004. EXT.P2: COPY OF THE CERTIFICATE OF REGISTRATION AND INSURANCE CERTIFICATE OF KL-09/T 9567. EXT.P3: COPY OF THE RENT AGREEMENT BETWEEN PETITIONER AND 4TH RESPONDENT DTD. 01/03/2007. EXT.P4: COPY OF THE F.I.R. DTD. 8/02/08 ISSUED BY 3RD RESPONDENT. EXT.P4(A): COPY OF THE SEARCH LIST DTD. 8/2/08 ISSUED BY 3RD RESPONDENT. EXT.P5: COPY OF THE TODDY TRANSPORT PERMIT NO.171 DTD.30/09/07. EXT.P5(A): COPY OF THE TODDY TRANSPORT PERMIT NO.172 DTD. 30/09/07. EXT.P5(B): COPY OF THE TODDY TRANSPORT PERMIT NO. 175 DTD. 30/09/07. EXT.P5(C): COPY OF THE TODDY TRANSPORT PERMIT NO.177 DTD. 30/09/07. EXT.P5(D): COPY OF THE TODDY TRANSPORT PERMIT NO.178 DTD. 30/09/07. EXT.P5(E): COPY OF THE TODDY TRANSPORT PERMIT NO.179 DTD. 30/09/07. EXT.P5(F): COPY OF THE TODDY TRANSPORT PERMIT NO.180 DTD. 30/09/07. EXT.P6: COPY OF THE APPLICATION DTD. 8/02/08. EXT.P7: COPY OF THE TODDY TRANSPORT PERMIT NO.602/07-08/ID/II HY DTD. 5/10/07. EXT.P7(A): COPY OF THE TODDY TRANSPORT PERMIT NO.700/07-08/ID/II HY DTD. 29/10/07. EXT.P8: COPY OF THE ORDER IN BAIL APPLN. NO.2473/08 DTD.6/05/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 21861 of 2008 -------------------------------------------------------- Dated: JULY 31, 2008 JUDGMENT Petitioner is the registered owner of two pick-up vans bearing registration Nos.KL-09/T 5004 and KL-09/T 9567, covered by Exts.P1 and P2 registration certificates. According to the petitioner, these vehicles were detained by the 3rd respondent on the allegation that the vehicles were involved in abkari offences. Complaining that since then there has not been any progress in the matter and that the vehicles are left exposed to sun and rain, causing damages and seeking its temporary release, this writ petition has been filed. 2. The learned Government Pleader on instructions submits that the aforesaid vehicles have been produced before the 1st respondent, the Authorised Officer, for further proceedings under sec.67 F of the Abkari Act and submits that the proceedings will be expedited. WP(C) 21861/08 2 3. Although the learned counsel for the petitioner has raised several contentions on the validity of the very seizure itself, in view of the pendency of the proceedings before the Authorised Officer,I do not think that atleast at this stage this Court should enquire into that controversy. Since presently the proceedings are pending consideration of the Authorised Officer, what is required to be done at this stage is to direct temporary release of the vehicles safeguarding the interests of the Department also. 4. Accordingly I direct that on the production of a copy of this judgment, the 1st respondent shall immediately cause the vehicles to be valued by a competent officer of the Motor Vehicles Department or the Excise Department itself. Once valuation is completed, the same shall be intimated to the petitioner. Thereafter if the petitioner furnishes bank guarantee for the full value, the vehicles shall be released to the petitioner. 5. It is directed that the petitioner shall also furnish WP(C) 21861/08 3 an undertaking not to alienate or encumber the vehicles and to produce the same as and when called for by the Department. It is directed that the above process shall be completed as expeditiously as possible, and at any rate, within four weeks of production of a copy of this judgment. 6. It is clarified that I have not dealt with the merits of the contentions raised by either of the parties. 7. Petitioner may produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-