IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13746 of 2009(K) -------------------------- PETITIONER(S): --------------- M.JOSE BENCHAMINROCHE, AGED 40, S/O.D.MICHAEL, SAVRIMUTHU, A 3RD YATHAVA STREET, KULAVANIGARPURAM, THIRUNELVELI, TAMILNADU. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, VADAKARA. 2. THE ASSISTANT EXCISE COMMISSIONER, KOZHIKODE. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13746 OF 2009 ------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT This writ petition is filed seeking a direction to release a vehicle which is involved in a confiscation proceedings under the abkari laws. The vehicle was apprehended in connection with alleged commission of certain abkari offences. The vehicle has been put in custody of the second respondent excise officer for confiscation proceedings. Obviously therefore, the petitioner would have the remedy for even interim custody of that vehicle on conditions that may be fixed by the second respondent pending adjudication in confiscation proceedings. Therefore, this writ petition is ordered directing that the second respondent will consider any application of the petitioner for interim custody of the vehicle and release it on condition that the petitioner furnishes bank guarantee for the value of the vehicle as may be fixed by the second respondent. Let this be done at the earliest, on production of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/5.