IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8693 of 2010(J) ------------------------- PETITIONER(S): ----------------------- MARTIN PINHERO, S/O. TRESIA, AGED 40 YEARS, VALIYAMARATHINGAL HOUSE, KADUKUTTY.P.O, THRISSUR DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).8693/2010 -------------------- Dated this the 16th day of March, 2010 JUDGMENT Petitioner claims to the owner of a Motor Cycle bearing registration No.KL-08W-684. The vehicle was seized and Crime No.1/2010 of Koratty police station was registered against the petitioner, on the allegation that four litres of Indian made foreign liquor was recovered from the vehicle. It is submitted that the vehicle has been subsequently produced before the 1st respondent who has initiated proceedings under Section 67 of the Abkari Act (in short 'the Act'). Petitioner submits that being the owner of the vehicle, he submitted Ext.P2 application requesting the 1st respondent to release the vehicle pending finalization of the proceedings under Section 67 of the Act. It is stated that orders have not been passed on Ext.P2 and therefore this writ petition is filed. 2. If as stated by the petitioner, he is the owner of the vehicle and proceedings are pending, so long as the petitioner is willing W.P.(C).8693/10 2 to furnish adequate security, there is no reason why the vehicle should be kept under detention. 3. Be that as it may, having regard to the pendency of Ext.P2 application before the 1st respondent, it is directed that the 1st respondent shall consider and pass orders on Ext.P2. This shall be done as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment along with the copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs