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2016 Supreme(Ker) 223

SHAJI P.CHALY
NIKHIL T. M. – Appellant
Versus
DEPUTY EXCISE COMMISSIONER OFFICE OF THE DEPUTY EXCISE COMMISSIONER, KANNUR – Respondent


Advocates Appeared:
For the Appellant : SRI.CIBI THOMAS
For the Respondent: GOVERNMENT PLEADER SRI V VIJULAL

JUDGMENT :

This writ petition is filed by the petitioner seeking to quash Ext.P2 to the extent it imposes condition No.2 directing deposit of Rs.1,00,000/- towards market value of the vehicle bearing registration No.KL 13-G 2940 involved in an Abkari offence, facing adjudication proceedings, and for other related reliefs. Material facts for the disposal of the writ petition are thus:

2. Petitioner is the registered owner of jeep bearing registration No.KL 13-G 2940, which was seized by the 2nd respondent on 14.08.2015, alleging commission of offence punishable under Sec.58 of the Kerala Abkari Act [for short, 'the Act']. Thereupon, the vehicle was taken into custody by the 2nd respondent along with the articles. The allegation is that petitioner was found transporting 21 litres of Indian Made Foreign Liquor in the vehicle, meant for sale in Puducherry State only.

3. Matters being so, petitioner has submitted Ext.P1 application dated 19.02.2016, seeking interim custody of the vehicle, before the 1st respondent. First respondent thereupon passed Ext.P2 order dated 21.03.2016, granting interim custody of the vehicle on certain conditions. Among other conditions, condition No.2 is that th
















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