IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 30287 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ K.G.KURIAN,KAVIKULATHIL HOUSE, NAMBIARKUNNU.P.O,POOLAKKUNDU,BATHERI, WAYANADU DISTRICT. BY ADV. SRI.K.B.DAYAL SRI.SIBI KARUN RESPONDENT(S): ---------------------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, MEENANGADY,WAYANAD DISTRICT.PIN-673 591 2. THE EXCISE INSPECTOR,SULTHAN BATHERY RANGE,WAYANAD DISTRICT.PIN-673 592 R1 & R2 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30287/2011 APPENDIX PETITIONER(S) EXHIBITS EXT-PI: PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE CRIME & OCCURRENCE REPORT IN CRIME NO.98/2011 DT.10.9.2011. EXT-P2: PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE MAHAZAR PRODUCED BY THE 2ND RESPONDENT IN CRIME NO.98/2011 DT.10.9.2011. EXT-P3: PHOTOSTAT COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DT.17.9.2011. EXT-P4: PHOTOSTAT COPY R.C.PARTICULARS OF THE MOTOR CYCLE NO.KL 12E 1197 BY NO.2486287. EXT-P5: PHOTOSTAT COPY OF THE TAX LICENCE NO.5317379 ISSUED BY THE MOTOR VEHICLES DEPARTMENT. EXT-P6: PHOTOSTAT COPY OF THE POLICY CERTIFICATE OF INSURANCE DATED 4.1.2011 ISSUED BY THE IFFCO INSURANCE CO.LTD. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------------------------------- W.P.(C) No. 30287 OF 2011 ------------------------------------------------- DATED THIS THE 29th DAY OF NOVEMBER, 2011 J U D G M E N T Writ petition is filed for a direction commanding respondents 1 and 2 to release motor cycle bearing registration No.KL12E-1197. 2. On 10-09-2011 the 2nd respondent arrested the petitioner and the motor cycle of the petitioner was taken into custody for the unauthorised possession of Indian Made Foreign Liquor. The petitioner submits that the motor cycle was not confiscated by the 1st respondent so far despite the alleged offence on 10-09- 2011. No notice has been received by the petitioner under Section 67C of the Abkari Act. It is pointed out that the motor cycle is not involved in the offence and it is not produced before the Magistrate. 3. Learned Government Pleader on instructions submits that the motor cycle mentioned in the writ petition was seized by the Excise Inspector, Excise Range office, Sulthanbathery for the illegal transport of 6 liters of Indian Made Foreign Liquor. An Abkari case was registered as Crime No.98/2011 under Section W.P.(C) No. 30287/2011 -2- 13 read with 63 of Abkari Act. The vehicle and Thondi of Indian Made Foreign Liquor was produced before the authorised officer, the 1st respondent herein. It is also submitted that the petitioner has submitted an application for temporary release of the vehicle on 14-10-2011 and the same was forwarded to the Additional Excise Commissioner (Enforcement), Thiruvananthapuram to fix the market value of the said vehicle. 4. In the facts and circumstances stated above the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on the application submitted by the petitioner for temporary release of the vehicle within a period of 3 weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. Sd/- HARUN-UL-RASHID, JUDGE. AMG True copy P.A to Judge