IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17671 of 2010(H) -------------------------- PETITIONER: --------------- SAJIN JOSE AGED 25 YEARS, S/O.JOSEPH - MATHEW NELLIKUNNEL HOUSE, POST PALLIKUNNU, ANCHUKUNNU AMSOM, DESOM, MANANTHAVADY TALUK. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: --------------- 1. THE DEPUTY EXCISE COMMISSIONR, MUTTIL P.O., WAYANAD. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO EXCISE DEPARTMENT, SECRETARIAT, GOVT. OF KREALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- WP (C) NO. 17671 of 2010 --------------------------------------- Dated this the 8th day of June, 2010 J U D G M E N T The petitioner herein is the registered owner of the vehicle KL12/B9864 jeep. The vehicle was seized by the first respondent alleging commission of Abkari offences and the petitioner is arrayed as first accused in Excise Crime 14/2010. Even though the petitioner moved the Magistrate Court under Section 451 of the Cr.PC to get the interim custody of the vehicle. It was dismissed by Exhibit P1 on the ground that his remedy is to move the concerned authority under the Abkari Act. Hence the petitioner moved before the concerned authority by filing an application and by Exhibit P5 the petitioner is directed to remit an amount of Rs. 1,60,000/- for releasing of the vehicle. This is under challenge in this writ petition. Exhibit P6 is the application submitted by the petitioner seeking for permission to produce bank guarantee which was not accepted going by Exhibit P7 communication. 2 WP (C) NO. 17671 of 2010 The challenge is only on the limited ground, ie. regarding the direction to deposit the value of the vehicle. Heard the learned Government Pleader appearing for the respondents. Since the petitioner has already offered to submit bank guarantee for the amount of Rs.1,60,000/- the same will be accepted by the first respondent for releasing the vehicle. To that extent Exhibit P5 will stand modified. There will be a direction to the first respondent to accept the bank guarantee for the amount in question for the release of the vehicle as offered by the petitioner. On being satisfied about the bank guarantee furnished by the petitioner the vehicle will be released to the petitioner. The Bank guarantee furnished will be renewed from time to time. It is made clear that the petitioner shall not transfer the vehicle or part away with its possession in the meanwhile. No costs. T.R. RAMACHANDRAN NAIR, JUDGE. rkc