IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 21876 of 2008(D) -------------------------- PETITIONER: ------------ JUMAILATH NAZARUDEEN, THARAYATHU THEKKATHIL, MEENATHU CHERI, KAVANADU P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. THE EXCISE COMMISSIONER, EXCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, MUVATTUPUZHA EXCISE DIVISION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT. BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 21876 OF 2008 D = = = = = = = = = = = = = = = = = Dated this the 29th day of July 2008 J U D G M E N T In this writ petition, petitioner claims that a Maruti car bearing registration No. KL-2/Z 2662 was taken into custody by the 3rd respondent on 16.4.2008 in connection with Crime No. 494/08 of Muvattupuzha Police Station registered under the provisions of the Abkari Act. Petitioner contends that despite long lapse of time, proceedings under Section 67F have not been completed and that in the meanwhile though he has requested for the release of the vehicle, the same has not been done. It is his complaint that because the vehicle is exposed to sun and rain, damage is caused and to avoid that also, release of the vehicle is prayed for. 2. I have heard the learned Govt. Pleader who has instructions in the matter. According to the learned Govt. Pleader the vehicle was produced before the authorized officer on 30.4.2008 and the proceedings under Section 67F of the Abkari Act are pending. W.P.(C) No. 21876 OF 2008 -2- 3. From the submissions made by both sides, I am of the view that in respect of the proceedings under Section 67F of the Abkari Act, a finality is yet to be arrived at. In the meanwhile, I do not think it is to the benefit either of the parties to retain the vehicle exposing it to sun and rain and causing damages. In order to prevent such damages being caused to the vehicle, it will be desirable that the same is released to the petitioner, safeguarding the interest of the respondents also. Taking into account all the above facts, the writ petition is disposed of with the following directions: 1) That the 2nd respondent shall get the value of the Maruti car bearing registration No. KL2-Z-2662, assessed by a competent officer of the Motor Vehicles Department. Thereupon, he shall intimate the same to the petitioner and if the petitioner furnishes bank guarantee for the full amount of the value so assessed the vehicle shall be released to the petitioner, on his undertaking not to alienate the same and to produce it as and when called upon to do so. 2) The aforesaid process shall be completed by the 2nd W.P.(C) No. 21876 OF 2008 -3- respondent within 4 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-