IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5753 of 2010(T) ------------------------- PETITIONER(S): ------------------ DOMINIC SAVIO, S/O.VARGHESE, PATHIKULANGARA HOUSE, KIZHAKKAMBALAM, ERNAKULAM DISTRICT. BY ADV. SRI.IEANS.C.CHAMAKKALA SRI.BINU JOHN RESPONDENT(S): ------------------- THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, ALONG WITH WPC NO.5760/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 5753 & 5760 OF 2010 ========================= Dated this the 23rd day of February, 2010 J U D G M E N T Petitioner in WP(C) No.5753/10 submits that he is the registered owner of a Mahindra Scorpio vehicle bearing Regn.No.KL-02/P 8267, which is involved in Crime No.1056/09 registered by the Sub Inspector of Police, Harbour Police Station, Ernakulam. 2. Petitioner in WP(C) No.5760/10 submits that he is the registered owner of a Tavera Car bearing Regn.No.KL/17 B 4775, involved in Crime No.1047/09 registered by the Circle Inspector of Police, Ernakulam. 3. The offence against both these vehicles are under the provisions of the Abkari Act. 4. On seizure of the vehicles, these vehicles were produced before the respondent and it is stated that proceedings under Section 67 of the Abkari Act for the confiscation of the vehicles have been initiated. In the meantime, petitioners say that they have filed applications requesting for interim custody of the vehicles. Orders have not been passed on the applications and WPC Nos.5753 & 5760/10 :2 : therefore writ petitions have been filed complaining that inordinate delay has been caused and that in the meanwhile, the vehicles are being kept exposed to sun and rain. 5. If the petitioners have sought release of the vehicles, and as the counsel for the petitioners submits that they are willing to furnish bank guarantee for the value of the vehicles, I see no reason why the request shall not be considered. 6. Writ petitions are therefore disposed of with the following directions:- (1) As according to the learned Government Pleader, the aforesaid vehicles have already been valued and if the petitioners furnish bank guarantee for the full value of the vehicles, the vehicles in question will be released to the respective registered owners, pending finalisation of the proceedings. (2) It will be open to the respondent to make necessary entries in the RC Book of the vehicles also. (3) Petitioners may produce a copy of this judgment before the respondent for compliance. ANTONY DOMINIC, JUDGE Rp