IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19313 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. SHAMKUAR, S/O.SASIDHARA PANICKER, KATTOOR VEEDU, AZHIYIDATHUCHIRA P.O., MANNAMKARACHIRA MURI, KAVUMBHAGAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. SHINE K.ARAVIND, S/O.ARAVINDAKSHAN, MELAKATHU HOUSE, MANNANKARACHIRA, KAVUMBHAGOM, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, PERUMPETTY, PATHANAMTHITTA DISTRICT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19313 of 2010 --------------------------------- DATED THIS THE 22nd DAY OF JUNE, 2010 JUDGMENT First petitioner is the owner in possession of a vehicle, Mahindra Pick Up Van bearing registration No.KL-27/A-1900. Second petitioner is the registered owner of the vehicle, from whom the first petitioner purchased the vehicle by an agreement for sale, Exhibit P1. 2. It is submitted that the vehicle was seized while transporting toddy on 8.5.2010. Now proceedings have been initiated under Section 67B of the Abkari Act. 3. The petitioners have filed Exhibit P6, a petition for releasing the vehicle temporarily pending the confiscation proceedings. It is pointed out that orders have not been passed so far. Therefore the petitioners have approached this Court seeking for a direction to release the vehicle on executing a personal bond. 4. The learned Senior Counsel for the petitioners submitted that the petitioners are prepared to furnish bank guarantee for the value of the vehicle. Therefore, there will be a W.P.(C)No.19313/10 -2- direction to release the vehicle bearing registration No.KL-27/A- 1900 to the petitioners on condition that the petitioners will furnish bank guarantee for the value of the vehicle to the satisfaction of the first respondent, who will get a proper valuation of the vehicle from the competent authority. Appropriate action will be finalised within a period of two weeks. The petitioners will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The release of the vehicle will be subject to finalisation of the confiscation proceedings and the vehicle will be produced as and when required by the 1st respondent. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn