IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 13550 of 2010(P) -------------------------------- PETITIONER: -------------- VALSALAKUMARI, JOTHIR BHAVAN, KUNNIKODE, KOLLAM DISTRICT. BY DR.K.P.SATHEESAN, ADVOCATE. MR.K.K.GOPINATHAN NAIR, ADVOCATE. RESPONDENTS: ------------------ 1. THE COMMISSIONER OF EXCISE EXCISE COMMISSIONERATE,THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE KOLLAM. 3. THE EXCISE INSPECTOR EXCISE RANGE OFFICE, CHATHANNOOR ,KOLLAM. 4. SANAL KUMAR, CHENANKARA HOUSE KUNNIKODE, VILAKUDY, PATHANAPURAM,KOLLAM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13550 OF 2010 --------------------------------------- Dated this the 28th day of May, 2010. J U D G M E N T The petitioner is the registered owner of Mahindra Pick up Van having registration No.KL-25/A-1309. The said vehicle was seized by the 3rd respondent on 12.02.2010 at about 12.30p.m alleging that the 4th respondent was transporting 84.72 litres of Arishtam in the vehicle. Consequently, Crime No.2010 of Chathannoor Excise Range was registered against the petitioner. 2. Presently, the petitioner is aggrieved by the condition imposed by the Deputy Excise Commissioner in Exhibit P5 directing the petitioner to deposit an amount of Rs.3,10,000/- representing the value of the vehicle for releasing the same by way of interim custody. 3. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 3. It is pointed out by the learned counsel for the petitioner that the petitioner is not having hard cash to deposit for releasing the W.P.(C) No.13550/2010 2 vehicle. The petitioner is hailing from a poor family and the entire family is in the category of Below Poverty Line (BPL). The petitioner is prepared to furnish property tax receipts or salary certificates of the Government servants as security. In the light of the above position, the vehicle will be released to the petitioner on the petitioner furnishing sufficient security by way of immovable properties or salary certificates of Government servants which will cover the value of the vehicle. The petitioner shall not transfer the vehicle or encumber the same during the pendency of the proceedings. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp