IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 32089 of 2008(T) -------------------------- PETITIONER(S): --------------- DR.J.SREEDEVI 52 YEARS, W/O.M.V.RAVI, KRISHNA BHAVAN, THOLICODU, PUNALUR VILLAGE PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF EXCISE , GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER PATHANAMTHITTA 3. EXCISE INSPECTOR, CHITTAR EXCISE RANGE PATHANAMTHITTA 4. PREVENTIVE OFFICER CHITTAR EXCISE RANGE PATHANAMTHITTA. SMT.K.R.DEEPA, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32089 of 2008 ================== Dated this the 20th day of November, 2008 J U D G M E N T The petitioner claims to be an Ayurvedic physician who holds a valid licence under the Kerala Spirituous Preparation (Control) Rules. While the petitioner was transporting Asavas and Arishtas allegedly covered by the licence in a vehicle, the vehicle was intercepted and, the vehicle and Asavas and Arishtas were seized on allegations of violation of the Abkari Act and Kerala Spirituous Preparation (Control) Rules. The petitioner is seeking release of the vehicle. According to the petitioner, the petitioner has not committed any offence in so far as, for the Asavas and Arishtas seized, the petitioner had a valid licence and therefore, the seizure itself is illegal. Therefore, according to the petitioner, the petitioner is entitled to release of the vehicle forthwith. 2. This is seriously opposed by the learned Government Pleader. The learned Government Pleader would point out that the licence produced by the petitioner herself is only for sale of Asavas and Arishtas in the premises mentioned in the licence and, the vehicle and the spirituous preparations were intercepted while she was transporting it to somewhere else for sale. I am not inclined to go into the merits of the contentions in so far as 2 the matter has to be first considered by the 2nd respondent while the confiscation proceedings are finalised. However, in the facts and circumstances of the case, I feel that the petitioner shall be given interim custody of the vehicle pending confiscation proceedings. Accordingly, this writ petition is disposed of with the following directions: The 2nd respondent shall get the value of the vehicle assessed by a competent officer and intimate same to the petitioner within one week from the date of receipt of a certified copy of this judgment. The petitioner shall furnish a bank guarantee for the value so assessed as a condition for interim custody of the vehicle. The 2nd respondent shall give the petitioner interim custody of the vehicle immediately on the petitioner furnishing bank guarantee for the amount assessed as value of the vehicle and producing proof of ownership of the vehicle along with a bond undertaking not to alienate or otherwise part with possession of the vehicle, until the confiscation proceedings are finalised. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3