DAMA SESHADRI NAIDU
P. G. PRIYAMVADA – Appellant
Versus
STATE OF KERALA – Respondent
Dama Seshadri Naidu, J.
The issue in this writ petition is concerning the confiscation of the petitioner's vehicle carrying certain ayurvedic medicines that allegedly contained some trace of alcohol. The petitioner and her son, being the registered ayurvedic medical practitioners, have the necessary Exts. P. 1 to P. 3 licences to manufacture, process and deal in the ayurvedic medicines.
2. On 26.08.2009, at about 4.15 p.m., the 4th respondent intercepted and seized the Maruti Omni van belonging to the petitioner for the offence of transporting about 131.52 litres of arishtam' and 18 litres of 'asavas' (ayurvedic preparations). Against the petitioner's son, the 4th respondent registered an abkari case in Crime No. 45 of 2009 for the offences under Sections 9 and 10 of the Kerala Spirituous Preparations (Control) Rules, 1969 ('the Rules' for brevity) and also under Sections 56(b) and 67B(a) of the Abkari Act ('the Act' for brevity). In the course of time, the seized vehicle was produced before the authorised officer, who after completing the legal formalities confiscated it under Section 67B of the Act.
3. Insofar as the crime is concerned, the petitioner's son and the petitio
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