IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12573 of 2011(V) -------------------------- PETITIONER(S): --------------- ASOKAN, S/O CHOYI, NADAKKOTTIL HOUSE, UPPADA P.O., KUTHIRAKULAM, MALAPPURAM DISTRICT-679354. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF REVENUE AND EXCISE, SECRETARIAT, THIRUVANANTHAPURAM-695025. 2. THE DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY EXCISE COMMISSIONER, MALAPPURAM-676505. 3. THE STATION HOUSE OFFICER, EDAKKARA POLICE STATION, EDAKKARA, MALAPPURAM-679331. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12573 of 2011 ----------------------------------------- Dated this the 3rd May, 2011 JUDGMENT The petitioner is the registered owner of an autorickshaw bearing registration No.KL-10 AC 9904. The said vehicle was seized by the 3rd respondent on 2.4.2011 on the allegation that a passenger travelling in the vehicle was found in possession of 7 litres of Indian made Foreign Liquor. The driver of the vehicle and the passenger were arrested and charged with offences punishable under section 55(a) of the Abkari Act. They were later enlarged on bail pursuant to Ext.P2 order passed by the Court of Session, Manjeri. The petitioner thereafter moved the Deputy Commissioner of Excise, Malappuram, by submitting Ext.P3 representation seeking interim custody of his vehicle. This writ petition is filed alleging that till date orders have not been passed thereon. In this writ petition the petitioner seeks a direction to the second respondent to release the vehicle described in Ext.P1 certificate of registration by way of interim custody. 2. Sri.P.N.Santhosh, learned Government Pleader appearing W.P(C) NO.12573/2011 -:2:- for the respondents, submitted on instructions that the Deputy Excise Commissioner, Malappuram, will have the petitioner's autorickshaw valued applying the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and thereafter grant interim custody of the vehicle expeditiously. In the light of the said submission and having regard to the fact that more than one month has passed after the vehicle was seized, I dispose of the writ petition with a direction to the second respondent to take steps to have the petitioner's vehicle valued in terms of the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and give interim custody of the vehicle to the petitioner on the petitioner depositing the value fixed by the Deputy Excise Commissioner. The petitioner shall thereafter hold the vehicle by way of interim custody subject to further orders to be passed by the Excise officials. He shall not alienate or encumber the vehicle and shall keep it in good repair. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12573 of 2011 ---------------------------- JUDGMENT 3rd May, 2011