IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34460 of 2010(F) -------------------------- PETITIONER(S): --------------- AGNEL ESSO,S/O.CYRIL,AGED 36 YEARS, PALAVILA VEEDU,KANJIRAKKODU CHERRY, MULAVANA VILLAGE,KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 3. THE STATION HOUSE OFFICER,EAST KALLADA POLICE STATION,KOLLAM. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.34460 of 2010 ------------------------------- Dated this the 19th day of November, 2010 J U D G M E N T The petitioner is the registered owner cum driver of an auto rickshaw bearing Registration No.KL2/AB-6940. The said vehicle was seized by the East Kallada Police Station, Kollam, on the allegation that it was used to transport Indian made Foreign Liquor in excess of the permissible limits. Thereupon, Crime No.754 of 2010 of East Kallada Police Station was registered against the petitioner and another person. It appears, after the crime was registered, the police made over the vehicle to the Excise authorities. Though the petiitoner moved the Court of Judicial First Class Magistrate-I, Kollam, under Section 451 of the Code of Criminal Procedure, for custody of the vehicle, the said application was rejected on the ground that as confiscation proceedings are initiated, the vehicle has to be transferred to the custody of the Assistant Excise Commissioner, Kollam. The petitioner thereafter submitted Ext.P3 representation dated 6.11.2010 before the Deputy Commissioner of Excise seeking interim custody of the vehicle. This writ petition was filed thereafter contending that though the auto rickshaw was seized on 15.9.2010, the first respondent, Deputy Commissioner of Excise, has not so far passed orders on Ext.P3 application, that the auto rickshaw is lying exposed W.P.(C) No.34460/2010 2 to the elements of nature and unless expeditious orders are passed on Ext.P3, the petitioner will be put to serious prejudice. The petitioner has also sought expeditious disposal of the proceedings initiated by respondents under Section 67B(1) of the Abkari Act. 2. When the writ petition came up for admission on 16.11.2010, the learned Government Pleader was directed to get instructions. Today, when the writ petition was taken up, the learned Government Pleader submitted that the original of Ext.P3 application was received only on 15.11.2010 and that the first respondent will consider the petitioner's request for interim custody of the vehicle, in the light of the provisions contained in he Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996, and take an appropriate decision thereon. The learned Government Pleader also submitted that the first respondent will finalise the confiscation proceedings expeditiously. In the light of the said submission, I dispose of the writ petition with a direction to the first respondent to consider Ext.P3 representation, in accordance with the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996, and pass orders thereon expeditiously and in any event, within two weeks from W.P.(C) No.34460/2010 3 the date on which the petitioner produces a certified copy of this judgment before the first respondent. The first respondent shall also finalise the proceedings initiated by him under Section 67B of the Abkari Act, after affording the petitioner an opportunity of being heard, expeditiously. P.N. RAVINDRAN, JUDGE. nj.