IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 RP.No. 517 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WA.1075/2006 Dated 05/03/2009 .................... REVIEW PETITIONER(S): APPELLANT ---------------------------------- A.K.ISMAIL,S/O.IBRAHIM, AKKALATH VEETTIL P.O. KADUMENI,HOSDURG TALUK, KASARAGOD DIST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S)//RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE, COMMISSIONER, KASARAGOD. R1 TO R3 BY SR. GOVT. PLEADER SRI. BENNY GERVASIS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. ------------------------------------ R.P. No.517 of 2009 ------------------------------------ Dated, this the 24th day of June, 2009 Order Balakrishnan Nair, J. The petitioner's vehicle with registration No.KL-14A- 6461, was seized by the excise officials on the allegation that it was used for transporting Indian Made Foreign Liquor. The vehicle was confiscated by the Assistant Excise Commissioner by Ext.P1 order dated 16.8.1999. The appeal filed against that order was dismissed by the Additional Excise Commissioner by Ext.P3 order dated 15.3.2000. Though the petitioner attempted a revision before the Excise Commissioner, that was dismissed by Ext.P5 order. Challenging those orders, the writ petition was filed. The petitioner's son who was the driver of the vehicle at the relevant time was convicted by the Assistant Sessions Court. The vehicle was ordered to be confiscated pursuant to the said conviction. When the writ petition came up for hearing, learned Single Judge noted that there is already a confiscation order passed by the Assistant Sessions Court and as the said confiscation order has become final, R.P. No.517 of 2009: - 2 - there was no merit in the case of the writ petitioner and the writ petition was dismissed. The said judgment was confirmed in Writ Appeal also. 2. Now the review petitioner has produced Annexure-II judgment of the Sessions Court, Kasaragod, reversing the judgment of the Assistant Sessions Judge, confiscating the vehicle. In view of the said order, whether the confiscation order passed by the Departmental Officials are valid or not has to be examined independently. So, the writ appeal requires hearing on merits. In view of the above position, the review petition is allowed and the writ appeal is restored to file. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- M.L. JOSEPH FRANCIS, JUDGE. DK. (True copy)