JUDGMENT :

1. The petitioner, the registered owner of Toyota Innova Car bearing Registration No. KL 40/A/8805 has filed this writ petition seeking to quash Exhibits P2 and P4 orders of the Deputy Commissioner of Excise and the Excise Commissioner, respectively. The short facts necessary for the disposal of the writ petition are as follows.

2. On 15.03.2009, the Sub Inspector of Police, Palarivattom seized 1015 litres of spirit from a compound near Vennala and the Innova Car mentioned above was also seized in this connection by the Assistant Commissioner of Police. On 17.03.2009, an abkari case as Crime No. 401 of 2009 was registered under section 55(a) of the Kerala Abkar Act 1 of 1077. After all the legal formalities, the seized vehicle was confiscated by the Government by proceedings of the 4th respondent vide Ext.P2 order. Ext.P2 order was challenged in revision and was confirmed by the Excise Commissioner. Earlier, an application Crl. M.P. No. 613 of 2009 under Section 451 of the Code of Criminal Procedure filed before the Judicial First Class Magistrate Court-1, Ernakulam in Crime No. 401 of 2009 of Palarivattom Police Station for release of the vehicle in question, was dismisse