IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31095 of 2008(B) ------------------------------------ PETITIONER(S): ----------------------- JOMON, AGED 30 YEARS, S/O.KURIEN, ANITHOTTATHIL HOUSE, ANARA, MANIKKADAVU.P.O, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- THE ASSISTANT EXCISE COMMISSIONER, KANNUR. BY GOVERNMENT PLEADER SRI. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No. 31095 of 2008 ================== Dated this the 29th day of October, 2008. J U D G M E N T The petitioner's vehicle has been seized on the allegation of commission of an Abkari offence. Confiscation proceedings are pending. In the meanwhile the respondent issued Ext.P2 order granting interim custody of the vehicle to the petitioner on the petitioner depositing an amount of Rs.1,50,000/- being value of the vehicle assessed on the conditions mentioned therein. The petitioner submits that the direction to deposit the amount as cash security is harsh and the petitioner is prepared to furnish sufficient other security for the value assessed. 2. I have heard the learned Government Pleader also. 3. The Government Pleader opposes the prayer. According to the Government Pleader the petitioner has to provide cash security for release of the vehicle. In the facts and circumstances of the case, I direct the respondent to give interim custody of the vehicle to the petitioner on the petitioner furnishing bank guarantee for the amount covered by Ext.P2. I make it clear that all other conditions in Ext.P2 shall be applicable for such release of vehicle. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs