IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 W.P(C).No. 14544 of 2008(F) --------------------------------- PETITIONER: -------------- GOPAKUMAR, AGED 38, S/O VISWANATHAN, 'GOKULAM', SAHAKARANA ROAD, PUNNURUNNI, VYTTILA, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KADAVANTHRA P.O., ERNAKULAM DISTRICT. 3. ASSISTANT EXCISE COMMISSIONER, ERNAKULAM EXCISE RANGE, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER. BY GOVT. PLEADER, SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 14544 OF 2008 F ==================== Dated this the 4th day of June, 2008 J U D G M E N T The petitioner is the registered owner of a Honda Activa bearing Regn.No. KL 07 BD-7955. The vehicle has been seized by the 2nd respondent on 31.3.2008 alleging offences under the Abkari Act. Petitioner submits that the vehicle has since been kept under the custody of the 3rd respondent in relation to Crime No.291/2008 registered against the petitioner. In this writ petition what is sought for by the petitioner is that the vehicle should be released to him on the basis that so far the respondents have not initiated any confiscation proceedings as against the vehicle. 2. Learned Government Pleader on instruction submits that the vehicle has been handed over to the 3rd respondent only on 16/5/2008 and that they are proposing to initiate confiscation proceedings also. 3. If confiscation proceedings are proposed to be initiated against the vehicle in question, this court will not be justified in directing unconditional release of the vehicle of the petitioner. However, at the same time, if the vehicle is allowed to be retained by the 3rd respondent WPC 14544/08 :2 : exposing it to sun and rain, it will necessarily cause damage to the vehicle and therefore such detention of the vehicle is not in the interest of either of the parties. 4. In view of the above, I direct the 3rd respondent to get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department, at any rate, within ten days of production of a copy of this judgment. Thereafter, if the petitioner furnishes bank guarantee for the value so assessed, the vehicle will be released to the petitioner on his giving an undertaking that the same will not be alienated and will be produced if and when called for by the 3rd respondent. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp