S. Siri Jagan, J.

The petitioner is the registered owner of a lorry bearing Registration No. KL-7 D 745. His brother, who was the licences of toddy shops, hired the vehicle belonging to the petitioner for transportation of toddy. The brother of the petitioner had a valid permit for such transportation. On the strength of that permit, while toddy was being transported in the petitioner's lorry, the Excise Officer intercepted the same, took sample from the toddy and on chemical examination found that the toddy contained traces of chloral hydrate. An abkari case was registered, in which the licencee, the petitioner and two others were arrayed as accused. By Ext. P1 order in Criminal RP No. 206 of 2000, this Court discharged the petitioner from prosecution, finding that there was no allegation that the petitioner was involved directly or indirectly in the transport of contraband liquor and in the absence of any specific provision in the Abkari Act, which casts a liability on the owner of the vehicle for the offences committed using that vehicle, the petitioner cannot be indicted. Subsequently, the 2nd respondent herein took up proceedings for confiscation of the vehicle u/s 67