IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 WPC.No. 33797 of 2011 (Y) PETITIONERS: 1 SHAIJU, S/O.RAJAN, AGED 32, KANAKANCHERIYIL HOUSE PANIKANKUDY P.O. KONNATHADY VILLAGE UDUMBANCHOLA TALUK IDUKKI DISTRICT. 2 VINCENT, S/O.VARKEY JOY, CHERUPARAMBIL HOUSE 9/86 KODIKULAM P.O. THODUPUZHA IDUKKI DISTRICT. BY ADV.MR.LATHEESH SEBASTIAN RESPONDENTS: 1 ADDITIONAL EXCISE COMMISSIONER (ENFORCEMENT) EXCISE HEAD QUARTERS THIRUVANANTHAPURAM-695001. 2 DEPUTY EXCISE COMMISSIONER, THODUPUZHA IDUKKI DISTRICT-685584. 3 EXCISE RANGE OFFICER, THANKAMANI EXCISE RANGE IDUKKI DISTRICT-685603. GOVERNMENT PLEADER MR.MUHAMMED SHAFI FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No. 33797 of 2011 (Y) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: REGISTRATION CERTIFICATE OF VEHICLE BEARING NO.KL-38 A 7448. EXT.P2: AGREEMENT FOR SALE. EXT.P3: OCCURRENCE REPORT IN CRIME NO.17/11 OF THANKAMANI EXCISE RANGE. EXT.P4: MAHAZAR IN EXT.P3: EXT.P5: APPLICATION FOR INTERIM CUSTODY OF THE AUTO RICKSHAW. EXT.P6: JUDGMENT OF THIS COURT IN W.P.(C).NO.26037/2011. EXT.P7: ORDER OF R2 DTD. 21.10.2011. EXT.P8: POSTAL ENVELOPE. EXT.P9: APPEAL AGAINST EXT.P7. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.33797 Of 2011 ---------------------- Dated this the 23rd day of December, 2011. J U D G M E N T Writ petition is filed for a direction commanding the respondents to grant interim custody of autorickshaw bearing Registration No.KL-38 A 7448 involved in Crime No.17/2011 of Thankamani Excise Range to the petitioners within a time frame to be fixed by this Court on executing bond as prescribed. 2. The 1st petitioner is the agreement owner and the 2nd petitioner is the registered owner of the vehicle. The vehicle was seized by the officials attached to the 3rd respondent on 27.7.2011 alleging transportation of illicit liquor. Crime No.17/2011 of Thankamani Excise Range was registered against the petitioners. The 1st petitioner submitted an application before the 2nd respondent for the interim custody of the vehicle. 3. The 1st petitioner earlier approached this Court for the very same relief and this Court by judgment dated 19.11.2011 disposed of the writ petition directing the Assistant Excise Commissioner, Thodupuzha to consider and pass appropriate orders on the application for interim custody of the vehicle, within ::2:: W.P.(C).No.33797 Of 2011 a period of two weeks from the date of receipt of a copy of the judgment. 4. Ext.P1 is the copy of the RC Book of the vehicle and Ext.P2 is the copy of the agreement. Ext.P3 is the copy of the occurrence report submitted by the 3rd respondent before the JFCM-I, Adimaly in Crime No.17/11. 5. Petitioners submit that the accusation of the 3rd respondent against the 1st petitioner is false, that the 1st petitioner is prepared to adduce evidence to prove his innocence and that he is ready and willing to produce Bank Guarantee for the value of the vehicle for the purpose of getting interim custody of the vehicle. It is further submitted that he is ready and willing to produce the vehicle before the respondent at any time. It is pointed out that the 2nd respondent hurriedly confiscated the vehicle two days after pronouncement of Ext.P6 judgment before receiving the copy of the judgment. Ext.P7 is the order passed by the 2nd respondent dated 21.10.2011. 6. The appeal preferred by the 1st petitioner against Ext.P7 order is pending consideration before the appellate ::3:: W.P.(C).No.33797 Of 2011 authority. Petitioners submit that the vehicle is loosing its value since it is exposed to sun and and rain in the excise office premises. In the facts and circumstances, the writ petition is disposed of directing respondents 1 & 2 to grant interim custody of the autorickshaw bearing Registration No.KL-38 A 7448 involved in Crime No.17/2011 of Thankamani Excise Range to the 1st petitioner, on production of Bank Guarantee and subject to other conditions, if any. The vehicle shall be released within a period of two weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-