IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33760 of 2010(T) -------------------------- PETITIONER(S): --------------- ABDUL GAFOOR, S/O.BEERANKUTTY, PALAMBRA, THENNALA P.O., VALAKULAM VIA, MALAPPURAM. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF REVENUE AND EXCISE, SECRETRIAT, THIRUVANANTHAPURAM-695 035. 2. THE DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY EXCISE COMMISSIONER, MALAPPURAM-676 505. 3. THE PREVENTIVE OFFICER, OFFICE OF THE EXCISE CIRCLE, THIRURANGADI,MALAPPURAM-676 306. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.33760 of 2010 ----------------------------------------- Dated this the 11th day of November, 2010 JUDGMENT The petitioner is the registered owner of an autorickshaw bearing registration No.KL-55 E/5067. The said vehicle was seized by the officers of the Excise Department on 29.9.2010 on the ground that it was illegally used to transport Indian made foreign liquor. Thereupon Crime No.64 of 2010 of Parappanangadi Excise Range was registered against the petitioner and the driver of the vehicle. It is stated that though the petitioner thereafter moved the second respondent seeking interim custody of his vehicle, till date, orders have not been passed on that application. In this writ petition the petitioner seeks a direction to the second respondent to pass orders on his application for interim custody. 2. The learned Government Pleader appearing for the respondents submits on instructions that the second respondent will have to act in accordance with the provisions contained in the Kerala Abkari Shops (Disposal of Confiscated Articles) Rules, 1996 W.P(C).No.33760 of 2010 -:2:- even in the matter of disposal of the petitioner's application for interim custody. She submits that the second respondent will take an expeditious decision on the petitioner's application for interim custody of the vehicle in accordance with the provisions contained in the relevant rules. In such circumstances the writ petition is disposed of directing the second respondent to consider the petitioner's application for interim custody of his autorickshaw in the light of the provisions contained in the Kerala Abkari Shops (Disposal of Confiscated Articles) Rules, 1996 and take an appropriate decision thereon expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. The second respondent shall also finalise the proceedings, if any, initiated by him under section 67B of the Kerala Abkari Act expeditiously. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.33760 of 2010 ---------------------------- JUDGMENT 11th November, 2010