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. 33314 of 2008(N) -------------------------- PETITIONER(S): --------------- SELVAMOHAN.K.A., S/O.AYYAPANACHERI, THEKKUMTHALIYIL, KRUATTISSERI, MANNAR. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.J.ABHILASH SRI.ANIL V.NAIR RESPONDENT(S): --------------- 1. ASSISTANT EXCISE COMMISSIONER ALAPPUZHA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. EXCISE COMMISSIONER, O/O.COMMSSIONER OF EXCISE, THIRUVANANTHAPURAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. JOINT EXCISE COMMISSIONER, O/O.COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. G.P. SMT.K.R.DEEPA 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.33314 of 2008 ================== Dated this the 20th day of November, 2008 J U D G M E N T The petitioner's vehicle has been seized on allegation of commission of an abkari offence using that vehicle. Pending confiscation proceedings, the petitioner sought interim custody of the vehicle. By Ext.P5, the petitioner has been directed to make a cash deposit of Rs.4,80,000/- being the value of the vehicle assessed as a condition for interim custody of the vehicle. The petitioner is challenging Ext.P5 order in this writ petition. According to the petitioner, it is grossly unreasonable to require the petitioner to make a cash deposit as a condition for interim custody of the vehicle. The petitioner is prepared to furnish sufficient security for the amount. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader would submit that there is nothing wrong in Ext.P5 order. What has been directed is to give cash security. The learned Government Pleader further submits that the matter is posted to 21.11.2008 for personal hearing. 2 4. Taking into account the facts and circumstances of the case, I am satisfied that the interest of both parties would be safeguarded if I direct the petitioner to furnish bank guarantee for the amount of Rs.4,80,000/- as security for the interim custody of the vehicle. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to give interim custody of the vehicle to the petitioner on the petitioner furnishing a bank guarantee for Rs.4,80,000/- to the satisfaction of the 1st respondent and proof of ownership of the vehicle. The petitioner shall furnish a bond also undertaking not to alienate or otherwise part with possession of the vehicle until the confiscation proceedings are finally decided. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3