IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 23688 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. DR. K.P.VISWANATHAN, S/O. PADMANABHAN, KOZHUVATTASSERIL, ADOOR TALUK, KOODAL VILLAGE, PATHANAMTHITTA DISTRICT. 2. K.V.HAREESH, S/O. DR. K.P.VISWANATHAN, KOZHUVATTASSERIL, ADOOR TALUK, KOODAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PAZHAYANNUR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23688/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2010 J U D G M E N T The petitioners are aggrieved by the seizure of vehicle bearing registration No.KL-26-A-3478 on 13/06/2010 by the Excise party. 2. The first petitioner is an Ayurvedic Physician and he is having registration as an Ayurvedic Physician and has started a manufacturing unit of Ayurvedic medicines at Koodal in Pathanamthitta District with the name, 'Amrutha Arya Drugs'. He has got required licence for the manufacture of various drugs, from the competent Excise authorities and the same has been produced as Ext.P1 which has been renewed upto 31/03/2011. He has also received licence for the sale of spirituous preparations and true copy of the licence has been produced as Ext.P2 which is renewed upto 31/03/2011. True copy of the whole sale licence which is also renewed upto 31/03/2011 is produced as Ext.P3. It is asserted that he is also having required licence under the Drugs and Cosmetic Act. 3. The second petitioner is the son of the first petitioner and he is the registered owner of vehicle bearing registration No.KL-26-A-3478. W.P.(C). No.23688/2010 -:2:- 4. A case has been registered against the petitioners and the driver of the vehicle, as Excise Crime No.18/2010 of Excise Range Office, Pazhayannur for the offences under Rule 9, 10(1) and 17 of the Spirituous Preparations Rules and Section 56(a) and (b) of the Abkari Act as well as Section 192 of the Motor Vehicles Act. The allegation is that on intercepting the vehicle it was found that the arishtams and asavams were excess in quantity, in the vehicle, which is denied by the petitioners. Ext.P5 is the copy of the mahazar, Ext.P6 is the copy of the Crime and Occurrence Report and Ext.P7 is the true copy of the report submitted by the third respondent before the J.F.C.M Court, Vadakkanchery. By Ext.P8, the second petitioner has sought for an order to release the vehicle. It is submitted by the learned counsel for the petitioners that they have got required permits and, therefore, the allegations cannot be sustained and no confiscation proceedings can be initiated also. 5. Heard the learned Government Pleader appearing for the respondents. It is submitted that the reports have been received by the first respondent and the matter is being considered. 6. The learned counsel for the petitioners submitted that there are two permits and those were taken possession of by the third respondent. But, one alone is mentioned in W.P.(C). No.23688/2010 -:3:- the report submitted before the J.F.C.M. Court. It is further submitted that if these two permits are examined, it can be found that confiscation proceedings are unsustainable. It is upto the petitioners to submit copies of the permits to justify their contentions. It is further submitted by the learned counsel for the petitioners that before initiating any confiscation proceedings, the first respondent may be directed to consider whether such proceedings will lie at all. It is upto the petitioners to submit all the available materials before the first respondent and, before initiating proceedings of confiscation under Section 67B of the Abkari Act, the first respondent will consider these materials and take an appropriate decision also. Ext.P8 application for interim custody of the vehicle will be also considered and appropriate orders will be passed as expeditiously as possible within a period of two weeks from the date of receipt of a copy of this Judgment. The petitioners will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms