IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 22935 of 2008(E) -------------------------- PETITIONERS: --------------- 1. SUNIL, AGED 32 YEARS, S/O.LEELA, KANDATHILPARAMBU HOUSE, THURUTHIPURAM DESOM, MUTHUKUNNAM NAGAR P.O., MUTHUKUNNAM, ERNAKULAM DISTRICT. 2. M/S.CHOLAMANDALAM DBS FINANCE LTD., REPRESENTED BY ITS ASSOCIATE LEGAL COORDINATOR AND POWER OF ATTORNEY HOLDER, NAVEEN T.P. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------------ 1. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM. 2. THE ASST.EXCISE COMMISSIONER, ALAPPUZHA. 3. THE ADDL.EXCISE COMMISSIONER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, ALONG WITH WPC NO. 23003 OF 2008 & WPC NO. 23004 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 22935, 23003 & 23004 OF 2008 ============================= Dated this the 11th day of August, 2008 J U D G M E N T In WP(C) No.22935, against Ext.P2 order of confiscation issued and passed under Section 67F of the Abkari Act, ordering confiscation of a Scorpio vehicle bearing Regn.No. KL-07/AN 581, Ext.P3 appeal filed by the petitioner before the Additional Commissioner to Excise is pending. 2. In so far as WP(C) No.23003 is concerned, this concerns the confiscation proceedings pending in relation to a Mahindra Max Pick-up van bearing Regn.No.KL-32/6161 seized in connection with CR No.96/2007 of Cherthala Excise Range. 3. In so far as WP(C) No.23004 is concerned, the vehicle in question is a Mahindra Pick-up van bearing Regn.No.KL-4/W- 3184 seized in connection with CR No.78/07 by Circle Inspector of Excise, Kuttanad. 4. The prayer made in these writ petitions is for temporary release of the vehicles to the registered owners of the vehicle. WPC 22935, 23003 & 23004/08 :2 : 5. As already noticed, in so far as WP(C) No.22935/08 is concerned, appeal is pending before the Appellate Authority and in so far as other two cases are concerned, proceedings under Section 67F are pending before the respective authorised officers. Pending finalisation of the proceedings, I do not find any reason not to release the vehicle and leave the vehicles exposing the same to sun and rain and causing damage, which will be of benefit to either of the parties. 6. Therefore, the writ petitions are disposed of with the following directions. 7. That the appellate authority in WP(C) No.22935/08 and the authorised officer concerned in WP(C) Nos.23003 and 23004/08 shall get the value of the vehicles assessed by a competent officer of their own department or of the Motor Vehicles Department. Thereafter if the registered owners of the vehicles in question furnish bank guarantee for the full amount of the value of the vehicle either by himself or by the financier, the vehicles will be released to the respective registered owners subject to an undertaking in the form of an affidavit filed by them WPC 22935, 23003 & 23004/08 :3 : that the vehicles in question will not be encumbered or alienated and that the same will be produced as and when called for. 8. Petitioners are directed to produce copy of the judgment before the respective officers for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp