IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 1397 of 2011(Y) ------------------------- PETITIONER(S): ----------------------- K.S.MANOHARAN, AGED 49, S/O.SANKARAN, PROPRIETOR, M/S.SIDHA HERBAL PRODUCTS, PORATHISERRY, IRINJALAKUDA, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., EXCISE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DEPUTY COMMISSIONER, ERNAKULAM EXCISE RANGE, ERNAKULAM-682018. 3. THE ASST.EXCISE INSPECTOR, EXCISE CIRCLE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686691. BY GOVT. PLEADER SRI. V. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 1397 OF 2011 Y - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2011 J U D G M E N T The vehicle bearing registration No.KL-45A- 4670 was seized under Section 9 of the Kerala Spirituous Preparation (Control) Rule, 1969 ( for short 'the Rule') read with Section 56(b) of the Abkari Act (for short 'the Act'). Pursuant to that, crime No.38/2010 of Kothamangalam Excise Range was registered. The petitioner, on the strength of an agreement for sale entered into with its registered owner claimed to be its owner and approached the third respondent seeking release of the said vehicle. It is alleging inaction on the part of the third respondent to release the said vehicle that this writ petition has been filed seeking appropriate directions to the second respondent for releasing the said WPC.No.1397 of 2011 : 2 : vehicle. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. 3. Exhibit P1 would reveal that the vehicle in question was seized under Section 9 of the Rules read with Section 56(b) of the Act. The learned Government Pleader, on instructions, submitted that after its seizure the said vehicle was produced before the authorised officer on 6.10.2010. It is further contented that in such circumstances, in terms of Section 67(b)(2), when a vehicle is produced before an authorised officer under sub- section (1) of Section 67(b), he has to initiate the proceedings before releasing the vehicle in safe custody. Rule 4(2)(b) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 empowers the authorised officer temporarily to WPC.No.1397 of 2011 : 3 : release the vehicle to its owner subject to the conditions thereunder. In short, the petitioner, who claimed to be the owner of vehicle in question, has necessarily to approach the authorised officer for getting release of vehicle in question. Therefore, with liberty to the petitioner to approach the said officer, the second respondent, for getting the vehicle released in accordance with law, this writ petition is closed. It is made clear that this Court has not made any observation as to the merits of the contention of the petitioner. Sd/- (C.T. RAVIKUMAR, JUDGE) kp //True copy// P.A. To Judge.