IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SUNDAY, THE 15TH AUGUST 2010 / 24TH SRAVANA 1932 WP(C).No. 27281 of 2010(I) -------------------------- PETITIONER(S): --------------- RINEESH N.P., S/O.RAGHAVAN, RAMANTHALI AMSOM, KUNNARU DESOM, KARANTHAD P.O., KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. ASSISTANT EXCISE COMMISSIONER, KANNUR. 2. EXCISE INSPECTOR, EXCISE RANGE, PAYYANNUR, KANNUR DISTRICT. BY GOVT. PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27281 of 2010 ------------------------------- Dated this the 15th day of September, 2010 J U D G M E N T The petitioner is the owner cum driver of an auto rickshaw bearing Registration No.KL-13-J-1374. The said vehicle was seized by the second respondent on 5.8.2010, for the reason that nine liters of Indian made Foreign Liquor was found in a bag kept in the auto rickshaw. Thereupon, crime No.25 of 2010 of Excise Range, Payyannur was registered against the petitioner. Ext.P3 notice was also issued informing the petitioner that the offence can be compounded by paying the compounding fee. This writ petition was thereupon filed seeking a direction to the respondents to release the vehicle to the petitioner on production of Bank Guarantee for the value of the vehicle as estimated by the competent authority. 2. When the writ petition came up on 2.9.2010, the learned Government Pleader was directed to get instructions. Today, when the writ petition came up for admission, the learned Government Pleader, on instructions, submitted that if the petitioner moves an appropriate application before the Deputy Excise Commissioner, Kannur, seeking interim custody of the vehicle, the said officer will W.P.(C) No.27281 of 2010 2 consider the same, in the light of the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and take an appropriate decision in the matter of grant of interim custody expeditiously and in any event, within two weeks from the date on which the application is filed. In the light of the said submission, I dispose of the writ petition with a direction to the petitioner to file an appropriate application before the Deputy Excise Commissioner, Kannur, seeking interim custody of the vehicle. In that event, the said officer shall consider the same and take a decision thereon, in the light of the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996, within a period of two weeks from the date of receipt of such an application. P.N.RAVINDRAN, Judge. nj.