P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
NIKHIL T. M, S/O MUTHU – Appellant
Versus
DEPUTY EXCISE COMMISSIONER, KANNUR – Respondent
Ramachandra Menon, J.
Whether Section 53B of the Kerala Abkari Act (the 'Act' in short) conferring power upon a 'Court' to grant interim custody of the vehicle seized in connection with commission of an Abkari offence [on execution of a Bond by way of cash security equivalent to the market value of the vehicle] without prejudice to the proceedings to be continued in connection with Section 67B of the Abkari Act (for confiscation) has wiped off the power of the officer concerned under Rule 4 of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 (herein after referred to as the 'Confiscation Rules') to insist "cash security equivalent to the market value" for granting interim custody ? Does Rule 4 (2) (a) of the Rules stand in violation of Section 53B of the Kerala Abkari Act ? Could the term 'Court' as it appears under Section 53B of the Act be reckoned as having a wider meaning, to include any competent authority/forum, who passes an order on the question of 'interim custody' of the vehicle seized under the Act ? Has the law has been correctly laid down in Abdul Nazer Vs. State of Kerala [2014 (2) KLT 1073] with reference to Section 53B of the Act ? Whether t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.