IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WA.No. 306 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.5114/2010 Dated 17/02/2010 .................... APPELLANT/PETITIONER: -------------- M.U.SHANAVAS, S/O.UNNEENKUTTY, MUNDASSERI HOUSE, ERUMAMUNDA, KURUMBALANGODE VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SUNIL KUMAR A.G SRI.R.SUDHEESHKUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXCISE, THIRUVANANTHAPURAM. 2. THE ADDITIONAL COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, MALAPPURAM. BY GOVT. PLEADER SMT.R.BINDU FOR R1 TO R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.306/2010 ------------------------------ Dated this, the 4th day of March, 2010 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. He filed the Writ Petition challenging Ext.P2 order of the Deputy Excise Commissioner, Malappuram, confiscating his autorickshaw bearing registration No.KL-10AB - 6760 and Ext.P3 order of the Additional Excise Commissioner, Thiruvananthapuram dated 20.11.2009, affirming Ext.P2. 2. The vehicle was seized while it was carrying illicit liquor. It was produced before the Judicial First Class Magistrate's Court, Nilambur. The learned Magistrate gave interim custody of the vehicle to the appellant, on furnishing bank guarantee for Rs.60,000/-. Now, since the vehicle is confiscated, the learned Magistrate has issued notice for the production of the vehicle. In the above background, the Writ Petition was filed, challenging Exts.P2 and P3. The learned Single Judge declined to interfere WA No.306/2010 - 2 - with those orders. Hence this appeal. 3. We heard the learned counsel for the appellant and also the learned Government Pleader for the respondents. In view of the uncontroverted fact that the contraband liquor was seized from the appellant's vehicle, while it was driven by him, we find no reason to interfere with the confiscation order Ext.P2 or its affirmation by the appellate authority by Ext.P3. But, the learned counsel for the appellant prayed for releasing the vehicle on payment of its value. We heard the learned Government Pleader on the above point. 4. The 3rd respondent may fix the value of the vehicle by following the procedure laid down in Rule 4 of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and inform the appellant of the same within two weeks from the date of receipt/ production of a copy of this judgment. Upon receipt of the intimation, the appellant shall exercise option to pay the amount within one week thereafter and get the vehicle. If the said amount is not paid within the said time limit, the respondents will be free to proceed to get the custody of the WA No.306/2010 - 3 - vehicle. The appellant is bound to produce the vehicle before the Judicial First Class Magistrate, Nilambur, in view of the bond executed by him. On production of the vehicle, the 3rd respondent may get the release of the vehicle and sell it in public auction, unless the appellant pays the amount as directed above within the above stated time limit. The Writ Appeal is disposed of as above. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.