IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12390 of 2010(W) -------------------------- PETITIONER(S): --------------- MARTIN PULOSE BABY S/O. BABY CHERIYAN, AGED 35 YEARS, VELLAMKANDATHIL HOUSE, KUTTAMANGALAM VILLAGE,' KOTHAMANGALAM TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. TH DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM 2. THE CIRCLE INSPECTOR OF EXCISE, KOTHAMANGALAM BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.12390 OF 2010 (W) -------------------------------------------------- Dated this the 8th day of April, 2010 J U D G M E N T Petitioner claims to be the registered owner of a Maruti Omni Van bearing registration No.KL 44 9797. The vehicle is involved in Crime No.53/09 of Kothamangalam Excise Range and is presently produced before the first respondent. According to the petitioner proceedings under Section 67-B of the Abkari Act have been initiated and pending finalization of the proceedings, he sought interim custody of the vehicle by fling Ext.P3. Orders have not been passed on Ext.P3 and therefore the writ petition is filed. 2. If as stated by the petitioner the proceedings are still not completed, there is no reason why the vehicle should be detained exposing it to sun and rain, especially when the petitioner is willing to furnish security for releasing the vehicle. 3. In view of the above, I dispose of this writ petition directing the first respondent to get the value of the vehicle assessed and release the vehicle, to its registered owner provided adequate security as required by the first respondent is furnished. WPC.No.12390 /2010 :2 : The process shall be completed within two weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/