IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WA.No. 192 of 2008(E) ------------------------------ AGAINST THE ORDER IN IA NO.442/2008 IN WPC NO.37697/2007 Dated 14/01/2008 .................... APPELLANTS/RESPONDENTS: ------------------------------------------- 1. CIRCLE INSPECTOR OF EXCISE, EXCISE RANGE, CHITTAR, PATHANAMTHITTA. 2. ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. 3. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA RESPONDENT/PETITIONER: ---------------------------------------- M.S.CHANDRAN, R.C.OWNER OF AUTORICKSHAW BEARING REGISTER NO.KL-27 1898 MANNIL KEEZHAKKETHIL, VADASSERIKKARA P.O., RANNI. BY ADV. SRI.S.MUHAMMED HANEEF THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.192 of 2008 ------------------------------------------ Dated, this the 8th day of February, 2008 JUDGMENT H.L.Dattu, C.J. Aggrieved by the order passed by the learned Single Judge on I.A.No.442 of 2008 in W.P.(C) No.37697 of 2007 dated 14th January, 2008, the respondents in the writ petition are before us in this writ appeal. 2. Petitioner in the writ petition had called in question Ext.P2 order passed by the Excise authorities under the provisions of the Abkari Act. By the impugned order, the Excise authorities had directed the petitioner to deposit a sum of Rs.75,000/- for the purpose of releasing the vehicle bearing Registration No.KL-27-1898 (Autorickshaw). 3. The learned Single Judge by way of an interim order has directed the authorities to release the vehicle in favour of the petitioner on the condition that the petitioner shall not alienate the vehicle and the competent authority will make an appropriate endorsement to that effect in the R.C.Book. Aggrieved by the interim order so passed by the learned Single Judge, the State is before us in this appeal. 4. By Ext.P2 order, the Excise authorities had directed the petitioner to deposit a sum of Rs.75,000/- for release of the vehicle which was seized for certain offences under the provisions of the Abkari Act. At the time of hearing of the appeal, the learned counsel for the contesting respondent would inform us that the respondent is prepared to furnish bank guarantee for the aforesaid amount demanded by the Excise authorities by Ext.P2 order. The offer so made is not seriously opposed by the learned counsel for the appellant. Even in our opinion, the offer made by the leaned counsel for the contesting respondent is reasonable and it would satisfy the interest of the State Government also. In that view of the matter, without going into the other details of the W.A.No.192 of 2008 2 case this writ appeal is disposed of, by modifying the orders passed by the learned Single Judge in the following terms: O r d e r i) The respondent in the writ appeal shall furnish a bank guarantee for a sum of Rs.75,000/- and on complying with that condition, the appellants in the writ appeal shall release the vehicle bearing Registration No.KL-27-1898 (Autorickshaw) in favour of the respondent. ii) The respondent shall keep the bank guarantee alive till the proceedings under the Act are completed by the Excise authorities. iii) The respondent shall not either alienate or alter the vehicle and in the event of the Excise authorities passing an order of confiscation under the provisions of the Abkari Act, the respondent shall surrender the vehicle in the condition in which it was seized by the Excise authorities on 15.11.2007. iv) In the alternative, in the event of the Excise authorities passing an order adverse to the interest of the contesting respondent, they are at liberty to encash the bank guarantee in lieu of confiscating the vehicle that is furnished by the contesting respondent. With these observations and directions the writ appeal is disposed of. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns/DK.