IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29245 of 2009(A) --------------------------------------- PETITIONER(S): ----------------------- SAHEER.K, KANDOTH HOUSE, KARIYAD (PO), THALASSERY TALUK, KANNUR DISTRICT. BY ADVS.MR.GOPAKUMAR R.THALIYAL MR.S.VENUGOPAL MR.N.P.PRAJEESH RESPONDENT(S): ------------------------ 1. M.GOPI, S/O.MALATHI, 141, CHERUKULANGARA, VAZHAYOOR, KONDOTTY, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF EXCISE, HOSDURG, KASARGOD DISTRICT. 3. THE ASSISTANT EXCISE COMMISSIONER, KASARGOD. 4. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 TO R5 BY GOVT. PLEADER MR.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29245 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. JUDGMENT 1.The petitioner is a registered owner of a vehicle involved in an abkari offence. He states that he handed over that vehicle under an agreement to another person who was apprehended along with the said vehicle while transporting liquor in the said vehicle in contravention of the laws. 2.The learned Government Pleader states that the person, who was found to be in possession of the vehicle, fled and could not be arrested. With the passage of time, now the petitioner wants an re-investigation to be conducted by the third respondent into the allegations. He says that even after the incident, he had given a power of attorney to the first respondent for WPC29245/09 -: 2 :- ensuring that the petitioner does not involve in the offence and also to ensure that the vehicle is got released. I do not find that any ground is made out for the Court to order any re- investigation on the facts of the case in hand. I am also not impressed to issue direction for considering the representation placed by the petitioner. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/221009