IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 516 of 2008(J) PETITIONER: NEMI CHAND JAIN ,PROPRIETOR, DINESH FINANCE, 1-KANDAPPA MUDALI STREET SOWCARPET, CHENNAI- 600 079 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI.BINU ABRAHAM, S/O. ABRAHAM,KOLLAPPILLIL HOUSE,KUTHIRACHIRA, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: 1. THE EXCISE COMMISSIONER, KERALA STATE PUBLIC OFFICE BUILDING,MUSEUM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCICE COMMISSIONER CHINNAKKADA,KOLLAM. 3. THE SUB INSPECTOR OF POLICE PUNALUR POLICE STATION,PUNALUR, KOLLAM DISTRICT. 4. SRI.VIJAYAN.S, S/O. STEPHEN, MANCHILUMPATTU VEEDU,KODUVILA P.O., EAST KALLADA, KOLLAM DISTRICT 5. SRI.STEPHEN,S/O. ANTONY, LOURDE VILASOM VEEDU,MATHARA, KARAVALOOR VILLAGE, PATHANAPURAM , PUNALUR. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 516/2008 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BETWEEN THE PETITIONER AND NEMI CHAND JAIN. EXT.P2: THE TRUE COPY OF THE RELEVANT PAGES OF THE RC PARTICULARS REGARDING THE OWNERSHIP AND HIRE PURCHASE AGREEMENT EXECUTED BY THE 4TH RESPONDENT AND THE PETITIONER. EXT.P3: THE TRUE COPY OF THE AGREEMENT DATED 25.09.2007 EXECUTED BETWEEN THE 4TH RESPONDENT AND 5TH RESPONDENT. EXT.P4: THE TRUE COPY OF THE FIR IN CRIME NO. 580/2007 OF PUNALUR POLICE STATION. EXT.P5: THE TRUE COPY OF THE CONSENT LETTER DATED 20.12.2007. /True Copy/ P.A to Judge. V. RAMKUMAR , J. ========================== W.P.(C). No. 516 of 2008 ========================== Dated this the 17th day of January, 2008. JUDGMENT The petitioner, who is the owner and financier in respect of a 1993 Model Maheendra Jeep bearing Registration No. KL-2 B- 1634 of which the 4th respondent is the registered owner, seeks interim custody of the vehicle. The 4th respondent sold the vehicle to the 5th respondent as per Ext.P3 agreement dated 25.09.2007. The Sub Inspector of Police, Punalur took the vehicle into custody on 25.10.2007 on the allegation that an abkari offence was registered in respect of the vehicle. Since respondents 4 and 5 did not pay the hire purchase dues so as to get the vehicle released from the 3rd respondent, they jointly issued Ext.P5 consent letter dated 20.12.2007 relinquishing their right and ownership in respect of the vehicle to the petitioner. The petitioner is not an accused in Ext.P4 FIR registered for the abkari offence. The vehicle is kept in the police station premises for the last three months and remains exposed to sun and rain. In the light of the decision of the Supreme Court reported in W.P.(C) No. 516/2008 : 2 : Sunder Bhai Ambalal Desai vs. State of Gujarath -2003(2) KLT 1089 and in view of the fact that the petitioner is the financier in respect of the vehicle, the interim custody of the vehicle is directed to be given to the petitioner pending final orders for confiscation. Such interim custody of the jeep in question shall be given by the Judicial First Class Magistrate, Punalur on the petitioner making an application in that regard and furnishing a bank guarantee for the value of the vehicle and subject to the following conditions:- i. The petitioner shall not transfer the vehicle wholly or in part to any other person. ii. The petitioner shall keep the vehicle in the same condition in which it is released to him. Iii. The petitioner shall produce the vehicle before the Magistrate or before such other officer whom the Magistrate shall indicate as and when required. iv. The petitioner shall not use the vehicle for any illicit purpose. W.P.(C) No. 516/2008 : 3 : In case the petitioner violates any of the above conditions, the bank guarantee furnished by the petitioner can be enforced. The value of the vehicle shall be ascertained expeditiously and at any rate within two weeks of receipt of a copy of this judgment and thereupon the petitioner shall furnish the bank guarantee as indicated above. This writ petition is disposed of as above. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 516/2008 : 4 :