IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 8532 of 2008(N) --------------------------------- PETITIONERS: --------------- 1. RAKEEB, AGED 46 YEARS, S/O.HAMEEDBAVA, RESIDING AT VAZHUTHANAKADU HOUSE, VATTEKUNNU, EDAPPALLY NORTH, ERNAKULAM. 2. GAGAN TANEJA, AGED 22 YEARS, S/O.MR.RAMESH CHAND, MANAGER OF GREEN FREIGHT COURIER (PROPRIETARY CONCERN), WZ-8, BNAGWAN DASS NAGAR EXTN. MAIN ROHTAK ROAD, NEW DELHI-110026. BY ADV. SMT.K.LATHA RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO MINISTRY OF FINANCE, GOVERNMENT OF SECRETARIAT, TRIVANDRUM. 2. INTELLIGENCE INSPECTOR, SQUAD NO.1, OFFICE OF THE INSPECTING ASST.COMMISSIONER (INT.) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. THE EXCISE COMMISSIONER, KERALA STATE EXCISE COMMISSIONER'S OFFICE, ERNAKULAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8532 OF 2008 N ==================== Dated this the 17th day of March, 2008 J U D G M E N T In this writ petition, the release of an autorikshaw bearing Regn.No.KL 07 AQ 260 is what is sought for. It is stated that a consignment of champagne brought on the strength of Ext.P1 was under transport at the time when the same was detained as per Ext.P3. Petitioner contends that proceedings as per Ext.P3 is only in respect of the consignment and not the vehicle and therefore the vehicle should be released. 2. Learned Government Pleader on instruction submits that the consignment was destined to the Airport, but however, was transported outside. According to him, the vehicle and the consignment was seized at the time when it was attempted to be transported through rail in unauthorised manner. It is also stated that thereafter Ext.P3 notice was issued, but there was no response to the same. It is also stated that the consignment and the vehicle was thereafter handed over to the excise authorities, who have registered Crime No.11/2008 and that the matter is now under investigation. 3. Even going by Ext.P1, there was no reason for the goods to WPC 8532/08 :2 : reach the railway station. If that be so, respondents cannot be faulted for seizing the consignment. As far as the vehicle of the petitioner is concerned, proceedings have already been initiated and the matter is under investigation. At this stage, I am not persuaded to direct the release of the vehicle. 4. Now that a crime has been registered as Crime No.11/2008 and the matter is under investigation by the Excise authorities, it is for the petitioner to move the authority concerned, if at all they are interested in getting the vehicle released. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp