1. The petitioner is the owner of a 1976 Model Bajaj Tempo Diesel Driven Van, KLC-7977, costing (according to him) about Rs. 66,000/-. On the ground that it was used for carrying 2250 m. litres of illicit arrack, the 4th respondent as per his Ext. P2 order of 121977 confiscated it under S.67B (2) of the Abkari Act, 1077. The 3rd respondent as per Ext P3 order dismissed the appeal against Ext. P2 order. The 2nd respondent, likewise, as per Ext P4 order dismissed the revision against the confiscation. The confiscation of the van as aforesaid is challenged here.

2. The van used to carry passengers on hire from Payyannur Railway Station to Payyannur town. On 30 81976, the Excise Inspector, Payyannur and party stopped it in front of the Central U.P. School, Payyannur and inspected it. At that time besides its driver there was also a passenger by name Kunhikannan in it While it is the case of the respondents that the Excise Inspector on inspection found the illicit arrack in sealed bottles kept covered in a bed sheet in the tool box of the van. the petitioner with reference to the recorded statements of the passenger and the driver, and also the passenger application for permi