IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 24672 of 2008(K) -------------------------- CMP.352/2008 of J.M.F.C., KAYAMKULAM .................... PETITIONER: ------------ SURESH K.V., KOCHUVEETTIL SOUTH MANGUZHI, PALLIKANAKKU P.O., MAVELIKKARA, ALAPPUZHA DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. THE EXCISE COMMISSIONER, EXCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASISTANT EXCISE COMMISSIONER, ALAPPUZHA EXCISE DIVISION, ALAPPUZHA. 3. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 24672 of 2008 K - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August, 2008 JUDGMENT A vehicle belonging to the petitioner – KL-31-5764, a mini lorry – was seized by the police on 14.12.2007 on the allegation that the same was parked in the car porch of a residential building with 100 litres of toddy loaded in the vehicle. Crime was registered. Seizure was reported to the learned Magistrate. The vehicle is in the custody of the court. The petitioner filed an application for release of the vehicle to him. According to him, the vehicle is not used in the commission of any offence. While that petition was pending, it would appear that the Investigating Officer filed a report before the learned Magistrate and permission was given to hand over the vehicle to the authorised officer under Section 67B of the Kerala Abkari Act. 2. The application filed by the petitioner was later dismissed by the learned Magistrate in the wake of the earlier W.P.C.No. 24672 of 2008 2 order passed by him. The petitioner claims to be aggrieved by the impugned order. The learned counsel for the petitioner submits that no proceedings under Section 67B of the Act has at all been initiated and the vehicle is unnecessarily exposed to sun and rain. The learned Magistrate should have shown anxiety, which the Supreme Court wanted all courts to show, in the decision in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638). The continued exposure of the vehicle to sun and rain may be avoided and the vehicle may be directed to be released to the petitioner on appropriate conditions, prays the learned counsel. 3. Notice was given to the learned Govt. Pleader, who, after taking instructions from the superior officers of the Excise Department, confirms that the vehicle has not been produced before the superior officers of the Excise Department for any proceedings under Section 67B of the Act. In these circumstances the Excise Department has no objection against release of the vehicle on appropriate terms to the person entitled for its possession. W.P.C.No. 24672 of 2008 3 4. In the light of the stand taken by the learned Govt. Pleader, I find that the continued detention of the vehicle in the custody of the court or the authorities to be totally unnecessary. The vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. Whether the vehicle was involved in the commission of the offence and the culpability of the indictees can be ascertained later. At present arrangements can be made, which will avoid needless and unnecessary deterioration of the vehicle concerned. 5. This Writ Petition is accordingly allowed. The impugned order is set aside. It is directed that the vehicle shall be released to the petitioner on the following terms and conditions. a) He shall produce documents before the learned Magistrate to satisfy him that he is the owner entitled to possession of the vehicle in question. b) He shall execute a bond for an amount equal to the value of the vehicle to be provisionally decided by the learned Magistrate along with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. W.P.C.No. 24672 of 2008 4 c) In such bond the petitioner shall undertake to produce the vehicle in the same condition in which it is handed over to him, as and when directed by the learned Magistrate. (R. BASANT) Judge tm