IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 17999 of 2009(T) ------------------------------------------ PETITIONER(S): ------------------------- MRS.K.S.ROSY, AGED 53, W/O.JOSEY, 1/649, NEDUMPARAMBIL HOUSE, KANNADIKKADU, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. MR.C.P.UDAYABHANU RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, HARBOUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM. 3. THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ============================== WP(C) No.17999 of 2009 ============================== Dated this the 29th day of June, 2009 JUDGMENT This writ petition is filed challenging the confiscation proceedings under the Abkari Act. 2. A Chevrolet Tavera Car of which the petitioner, a house wife, is the registered owner, was intercepted by the Harbour police and found to be transporting 18 litres of IMFL. The petitioner's husband was arrested. He is facing prosecution under the Abkari Act for the offences allegedly committed under the provisions thereof. 3. On the aforesaid facts, the petitioner contended that she is only a house wife and may be permitted to have custody of the vehicle. The authorities under the statute have overruled the objections and have confirmed the proceedings for confiscation. 4. As before the authorities, it is argued before me on her behalf that the petitioner was given an order for interim custody by this court earlier, in a Crl.M.C filed by her in relation to the Wpc 17999/2009 2 proceedings before the executing court for release of the vehicle on terms fixed. It is requested that she may be permitted to continue to enjoy the possession of the vehicle on those conditions pending finalisation of the criminal case against her husband. I do not find that this is permissible. If a vehicle is found to be involved in the transport of liquor in disobedience of the laws, the seizure and confiscation does not depend upon the fate of the criminal case registered against the alleged offender. Under such circumstances, there is no legal basis for the claim made by the petitioner. For the aforesaid reasons, sustaining the directions of the official respondents that the vehicle could be permanently released provided the petitioner is willing to remit the market value of the said vehicle as fixed by the Mechanical Engineer of the Excise Department in compliance of the disposal of the confiscation of Articles Rules, this writ petition is dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/29/6