IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 14396 of 2009(T) -------------------------------------- PETITIONER: ------------------- VINODH KUMAR, NIRMALYAM HOUSE, MEPPADY, WYNAD, REPRESENTED BY POWER OF ATTORNEY HOLDER K.C. JANARDHARAN, AGED 42 YEARS, S/O. GOPALAN NAIR, RESIDING AT “CHOTHI”, KOTTAVAYAL.P.O, PUTHURVAYAL.P.O, KALPETTA, WYNAD. BY ADVS. MR.V.M.KRISHNAKUMAR, SMT.P.R.REENA. RESPONDENTS: ------------------------ 1. ASSITANT COMMISSIONER OF EXCISE, WYNAD. 2. EXCISE INSPECTOR, EXCISE RANGE, KALPETTA. R1 & R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14396 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of May, 2009. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 2.The petitioner states that he is the owner of a vehicle which was intercepted on the allegation of the commission of certain offences under the Excise Laws. The CJM, Kalpetta refused the application of K.G.Suresh Babu for interim custody under Section 451 Cr.P.C. It is stated that the applicant was the driver of the vehicle. Though the learned CJM noted that Suresh Babu is not the owner of the vehicle, it was on record before the CJM that the vehicle has been made over to the competent authority dealing with the confiscation proceedings under the Abkari Laws. WP(C)14396/09 -: 2 :- Accordingly, the petitioner is stated to have made a request to the Assistant Commissioner of Excise, Wayanad for release of the vehicle pending conclusion of confiscation proceedings. Having regard to the fact that the vehicle is likely to be deteriorated and in view of the ensuing monsoon, it is ordered that the competent authority will consider the request of the petitioner for release of the vehicle provisionally on furnishing such security as may be fixed to the satisfaction of the competent authority for the value of the vehicle as may be determined by the competent authority. Let this be done within three days of the production of a copy of this judgment and appropriate application. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/010609