Ramachandra Menon, J.

The verdict passed by the learned single Judge ordering release of the vehicle confiscated under Section 67B of the Abkari Act holding that the said vehicle, which was piloting a lorry [in which the contraband was transported] was not actually 'used' in committing the alleged offence, placing reliance on the verdict passed by the Division Bench of this Court in Assistant Excise Commissioner Vs. Paulson [2009 (1) KLT 956], is under challenge at the instance of the State/Excise Commissioner and others, who were the respondents in the Writ Petition.

2. With regard to the factual position, on getting secret information as to the transportation of illicit liquor in TATA 407 Mini lorry bearing No. TN 69 W 2404 accompanied by a Maruthi Wagon R car bearing No. KL 08 AR 599 aiding to clear the way, the Excise party made sufficient arrangements to intercept the vehicles and accordingly, on seeing the above vehicles on 21.07.2010, gave signal to stop the same on the spot. Though the speed of the mini lorry was reduced initially, on getting signals from the persons travelling in the front seat of the car [which was proceeding in front], both the vehicles fled away