IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 17611 of 2011(B) --------------------------------------- PETITIONER: ------------------- K.B.PRASANTH, S/O.VIJAYAN,KOKKAMPADATH HOUSE,UPUTHARA,PEERMADE , IDUKKI. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN. RESPONDENTS: ------------------------ 1. THE DEPUTY EXCISE COMMISSIONER,IDUKKI, OFFICE OF THE DEPUTY EXCISE COMMISSIONER, THODUPUZHA,PIN- 685 584. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PEERMADU,PIN- 685 531. R1 & R2 BY GOVERNMENT PLEADER SRI. MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17611/2011-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FINAL REPORT IN CRIME NO.2/2011 OF PEERMADE EXCISE RANGE OFFICE. EXT.P.2: COPY OF THE REQUEST DTD. 22/02/2011 SUBMITTED BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 17611 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a direction to the respondents to grant custody of the autorickshaw bearing Regn.No.KL-04-Q-8456 to the petitioner forthwith. Petitioner is the owner of the said autorickshaw. On 27/1/2011 the vehicle of the petitioner was taken into custody by the Excise officials alleging that he carried foreign liquor. 2. The respondents filed a statement wherein it is stated that on 27/1/2011 at about 9.10 p.m. the Excise Inspector, Excise Range Office, Peermedu and party seized the autorickshaw driven by the petitioner, during patrol duty at Upputhara Palam Junction, and found that the petitioner is transporting 8.5 lts. of Indian Made Foreign Liquor in the said vehicle without any valid documents. An Abkari case was registered against him as Crime No.2/2011 of Peermedu Range under Section 10 read with Section 63 of the -2- W.P.(C).No.17611/2011 Kerala Abkari Act. On 28/1/2011 the autorickshaw was produced before the authorised officer for taking further steps under Section 67B of the Act. It is further stated in the statement that a notice was issued to the petitioner intimating confiscation proceedings. In the light of the proceedings initiated against the petitioner, the relief that can be granted at this stage is for speedy disposal of the proceedings under Section 67B of the Abkari Act. There will be a direction to the lst respondent to expedite the confiscation proceedings and pass orders in accordance with law within a period of four months from today. 3. The vehicle seized shall be released temporarily by the lst respondent to its owner on furnishing security to the satisfaction of the lst respondent and subject to other conditions if any, to be imposed. Accept the property of the petitioner as security, if the petitioner offers immovable property if the value of the property is equivalent to the market value of the vehicle, which -3- W.P.(C).No.17611/2011 is provisionally fixed as `75,000/-. The vehicle shall be released within a period of one week from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.