IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28619 of 2008(F) -------------------------- PETITIONER: --------------- SENTHIL KUMAR, S/O.SANKKAYYA, AGED 30 YEARS, RESIDING AT SREE GANESH VEETTIL, VANDANMEDU KARA, VANDANMEDU VILLAGE. BY ADV. SRI.A.SHAFEEK RESPONDENT: --------------------- 1. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. 2. THE EXCISE INSPECTOR, THODUPUZHA EXCISE RANGE, THODUPUZHA. 3. THE ASSISTANT EXCISE COMMISSIONER, IDUKKI. 4. SARAVANAN, S/O.PANDIYAN, AGED 18 YEARS, SARVANA VILASAM, AAMAYARKARA, VANDANMEDU VILLAGE, IDUKKI. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 28619 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 26, 2008 JUDGMENT Petitioner submits that he is the owner of an autorickshaw with registration No.KL 17/3940. According to the petitioner, following recovery of 11 liters of Indian Made Foreign Liquor which the 4th respondent was carrying while travelling in the autorickshaw, Crime No.739/2008 under the provisions of the Abkari Act was registered and the petitioner as also the 4th respondent were arrayed as the accused. Ext.P2 is the FIR. The complaint in this writ petition is that since then the vehicle is under detention and is exposed to sun and rain causing damages. 2. Learned Government Pleader submits that investigation has been completed and that charge has been laid. It is also stated that confiscation proceedings have also been initiated and on 16.9.2008 petitioner appeared before the Authorised Officer and at his request, proceedings have been adjourned and is posted to 4.10.2008. In view of this it is contended that there is no delay on their part in concluding the proceedings. WP(C) 28619/08 2 3. Be that as it may, I do not think detention of the vehicle pending the proceedings will be of advantage to anybody. At the same time, the interest of the Department also has to be safeguarded by requiring the petitioner to furnish adequate security to the vehicle. 4. Accordingly the following directions are issued:- The 1st respondent shall get the value of the vehicle assessed by a competent officer and if the petitioner is furnishing bank guarantee for the full value so assessed, the vehicle will be released to him. Petitioner shall also file an undertaking that he shall not alienate or encumber the vehicle and that he shall produce the same as and when called upon to do so. The value of the vehicle shall be got assessed as expeditiously as possible, and at any rate, within three weeks of production of a copy of this judgment. 5. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-