IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 W.A.No.2221 of 2008 -------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.21876/2008, DATED 29/07/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- JUMAILATH NAZARUDEEN, THARAYATHU THEKKATHIL, MEENATHU CHERI, KAVANADU PO, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/RESPONDENTS:- --------------------------------------------------- 1. THE EXCISE COMMISSIONER, EXCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, MUVATTUPUZHA EXCISE DIVISION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. ---------------------------------------------- W.A.No.2221 of 2008 ---------------------------------------------- Dated, this the 24th November, 2008 JUDGMENT H.L.Dattu,C.J. Vehicle, bearing registration No.KL-2/Z 2662, was seized by the 3rd respondent-authority on 16.4.2008 in connection with Crime No.494 of 2008 of Muvattupuzha Police Station, registered under the provisions of the Abkari Act. (2) Since proceedings had been initiated by the authorities, the petitioner was before this Court, with a request to direct the respondents to release the vehicle. (3) Learned Single Judge, being of the opinion, that, the vehicle is exposed to sun and rain and the vehicle may suffer damages, has directed the petitioner to furnish Bank Guarantee to the satisfaction of the authorities for release of the vehicle. The said order passed by the learned Single Judge is the subject matter of this Writ Appeal. (4) The allegation against the appellant-petitioner is, that, her vehicle, bearing registration No.KL-2/Z 2662, is used for committing a crime under the provisions of the Abkari Act. Whether, the same was done with the consent of the appellant or not, is a subject matter which requires to be decided by the competent authority. For immediate release W.A.No.2221 of 2008 - 2 - of the vehicle, the appellant has to furnish appropriate security in the form of Bank Guarantee, before the authorities concerned for release of the vehicle. (5) Keeping that aspect of the matter in view, the learned Single Judge, in our view, has, rightly, disposed of the writ petition directing release of the vehicle with certain conditions. The said order passed by the learned Single Judge cannot be characterised as either illegal or arbitrary. (6) In the above view of the matter, we are of the opinion, that, the learned Single Judge has not committed any error, whatsoever, which would call for our interference in appeal. Therefore, the Writ Appeal requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-