IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27824 of 2011(C) ------------------------------------- PETITIONER(S): ----------------------- PULAPPADY BALAN, S/O.KUNHAMAN, SUNISHALAYAM, PINARAYI, THALASSERY. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- 1. THE ASSISTANT COMMISSIONER OF EXCISE, KANNUR-670 002. 2. THE SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION, KANNUR-670 011. BY GOVT. PLEADER SRI.MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 27824 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : TRUE COPY OF THE ORDER IN CMP.NO.428/2011 IN CRIME NO.354/2011 DATED 01/10/2011. EXT.P2 : TRUE COPY OF THE REPRESENTATION DATED 14/10/2011. RESPONDENT'S ANNEXURE: R2(a) : TRUE COPY OF THE PROCEEDING DTD 28/10/2011. //TRUE COPY// P.A TO JUDGE. STU HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.27824 of 2011 --------------------------------------- Dated this the 3rd day of November 2011. JUDGMENT The writ petition is filed seeking a direction directing the 2nd respondent to forthwith release the stage carriage KL- B/5443 to the petitioner and for a direction to the first respondent to consider on merit Ext.P2 representation and take appropriate steps to take possession of the stage carriage KL- 58-B/5443 from the 2nd respondent so as to enable the petitioner to take steps to get the same released under the provisions of the Abkari Act. 2. The stage carriage belonging to the petitioner was seized by the 2nd respondent on the premise that 1.680 litres of Indian made foreign liquor was found in the bus. It is pointed out that the 2nd respondent is obliged under Section 67 B of the Abkari Act to produce the vehicle before the authorised officer W.P.(C) No.27824/2011 2 who is vested with the power to release it to the owner on appropriate terms. It is pointed out that the petitioner can initiate appropriate proceedings to get the vehicle released under the Abkari Act only if it is handed over to the authorised officer under the Act. It is also pointed out that the inaction on the part of the 2nd respondent in not handing over the seized vehicle to the authorised officer is causing severe hardship to the petitioner. In the statement filed by the 2nd respondent it is inter alia stated that crime No. 354/11 was registered for the offences punishable under Section 55 (1) of the Abkari Act read with Rule 9 of Foreign Liquor Rules against the petitioner. Crime No. 356/11 was also registered for offences punishable under Section 341,323,326 read with Section 34 of the IPC against the crew of the bus. It is further stated that the vehicle was produced before the authorised officer who is the first respondent herein who is vested with powers to release the vehicle to the owner on appropriate terms. 3. In the facts and circumstances, the writ petition is W.P.(C) No.27824/2011 3 disposed with a direction to the first respondent to consider and pass appropriate orders on Ext.P2 representation within a period of two weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al