IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14417 of 2010(B) -------------------------- PETITIONER(S): --------------------- P.K. PRATHAPAN, MANAGING DIRECTOR, DALE & CARRINGTON INVESTMENTS PVT. LTD., (HOTE SIDHARTHA) CHALAKKUDY, THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 2. THE ADDITIONAL EXCISE INSPECTOR, CHALAKUDY EXCISE RANGE CHALAKUDY, THRISSUR DISTRICT. 3. THE MECHANICAL ENGINEER (EXCISE DEPARTMENT), THIRUVANANTHAPURAM. GOVT.PLEADER SRI.M.P.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 14417 OF 2010 (B) ===================== Dated this the 6th day of May, 2010 J U D G M E N T The grievance of the petitioner is that orders have not been passed on Exts.P3 and P5 where he has sought permission to compound an offence registered against him and also sought interim custody of the vehicle involved in the case against him. 2. Petitioner is the holder of FL-3 licence. It is stated that his vehicle bearing Regn.No.KL-45 3525 was seized by the 2nd respondent on 17/4/2010 on the allegation that it was used by one of the employees for transporting Indian made foreign liquor. Thereupon CR No.17/10 was registered involving the employee and the petitioner as accused numbers 1 and 2. It is in these circumstances that he filed Exts.P3 and P5 requests for compounding of the offence and for releasing of the vehicle.In so far as the request for the release of the vehicle is concerned, he says that he is willing to deposit the value of the vehicle as security. 3. Having regard to the nature of the grievance as above, this writ petition is disposed of with the following directions: WPC No. 14417/10 :2 : (1) The 1st respondent is directed to get the value of the vehicle mentioned above assessed and release the vehicle to the petitioner on the petitioner remitting the value in cash as security. This shall be done within three weeks of production of a copy of this judgment. (2) In so far as the petitioner's request in Ext.P3 for compounding is concerned, it is directed that the 2nd respondent shall forward CR No.17/10 to the 1st respondent and thereupon the 1st respondent shall pass appropriate orders on Ext.P3 request for compounding in accordance with the provisions of the Abkari Act. This shall be done without any further delay. (3) Petitioner shall produce a copy of this judgment along with a copy of this writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp