Dama Seshadri Naidu, J.

The petitioner, the registered owner of a motor vehicle bearing No. KL-9/E-7304, has assailed Ext. P7 order of confiscation of his vehicle under Section 67B of the Abkari Act. Succinctly stated, the facts are that the petitioner hired out his vehicle to two Abkari licencees for the purpose of transporting toddy from Chittur to Cherupulassery. Exts. P1 and P2, the permits for transportation, have the number of the vehicle reflected in them as the authorized vehicle for transportation.

2. On 13/04/2004, the Police intercepted the vehicle while it was transporting toddy and found on inspection that apart from transporting toddy, the vehicle was also carrying seventy litres of spirit, a prohibited substance. The said finding on the part of the Police resulted in registration of Crime No. 85/2004 for the alleged offence under Section 55(a) of the Abkari Act ('the Act' for brevity). As can be seen from the record, the Police arrested and arrayed the three inmates of the vehicle as accused 1 to 3; having found that the vehicle belonged to the petitioner, they also arrayed the petitioner as the fourth accused, apart from arraying the licencees as accused 5 and