ANTONY DOMINIC, J.

1. Challenge in the writ petition is against Exts.P1 and P3 orders passed by the respondents confiscating an autorikshaw belonging to the petitioner and its confirmation in appeal.

2. Petitioner submits that he is the registered owner of an autorikshaw bearing registration No.KL-18 A-5213. According to him, the autorikshaw was being driven by his son who was earning income for the entire family. On 31.1.2005, the Circle Inspector of Excise, Perambra, and party intercepted the vehicle. Thereupon the vehicle was stopped, about 100 feet away and the passenger ran away from the site. The vehicle was inspected and a can containing arrack was seized. Accordingly C.R.No.3/2005 was registered against the petitioner's son and the passenger.

3. Simultaneously the proceedings were initiated under Section 67B of the Abkari Act (in short 'the Act') for confiscation of the vehicle. Petitioner was issued a notice in this behalf and he filed his reply to the 2nd respondent. 2nd respondent thereafter issued Ext. P1 dated 11.5.2006 ordering confiscation of the autorikshaw under Section 67B of the Act. Petitioner carried the matter in appeal and by Ext. P2, parties were c