K.T. Sankaran, J.

The nature and extent of the burden of proof on the owner of the vehicle under Section 67C(2) of the Kerala Abkari Act, is the question involved in this Writ Petition.

2. KL-01-AE-7269, a Hyundai Santro car belonged to Achan Kunju @ Francis. Between 1 A.M. and 5 A.M. on 9/1/2008, the said car was stolen from the car porch of the house of Francis. The matter was reported to the police on 9/1/2008 itself. A crime was registered. The experts of the Finger Print Bureau inspected the premises. Message was sent by the police to the other police stations. The investigation was vigorously conducted. The details of the recently released victims for the offence of theft was also taken into account. Investigation was taken in that line also. Finally, the police concluded that the offence was undetected. A report dated 19/7/2008 was filed by the Circle Inspector of Police before the Magistrate's Court having jurisdiction.

3. On 13/6/2008, the Excise Preventive Officer, Excise Range Office, Pathanamthitta and party seized a Santro car bearing registration No. KL 23-3016 at Alakode Junction for transporting 420 litres of spirit. The driver of the vehicle Sujayraj was arr