IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 30918 of 2009(H) -------------------------------------- PETITIONER: ------------------- PRADEEP, S/O. SAHADEVAN, PRASANTH MANDIRAM, ACHANKOVIL, ARIYANKAVU VILLAGE, KOLLAM DISTRICT. BY ADV. MR.V.PHILIP MATHEW. RESPONDENTS: ------------------------ 1. THE DEPUTY EXCISE COMMISSIONER, PATHANAMTHITTA. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. S.I. OF POLICE, KONNY, PATHANAM THITTA, 4. STATE OF KERALA, DEPARTMENT OF EXCISE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------- W.P(C).No.30918 OF 2009 ------------------------------------ Dated this the 2nd day of November, 2009 J U D G M E N T ~~~~~~~~~~~ The vehicle belonging to the petitioner, a jeep, was intercepted while carrying 28.75 litres of Foreign liquor unauthorisedly. An occurrence report has been registered and the matter is to go for trial. Pending that, on the request of the petitioner for custody of vehicle, the Deputy Commissioner of Excise has obtained the report of the Assistant Mechanical Engineer of the department fixing the value of the vehicle as 1,40,000/- (Rs.One lakh fourty thousand only). The petitioner has been given the impugned Ext.P4 order to have the vehicle in custody on deposit of that amount. The statutory rule itself prescribes, payment of money for the release. The valuation has been done by the Excise Mechanical Engineer. I do not find any jurisdictional error or legal infirmity in the impugned order. The Writ Petition fails and the same is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN, Judge ps