IMPORTANT POINT
The outcome of the criminal case has no bearing on the confiscation proceedings under the Abkari Act, and the authorized officer may order confiscation of a vehicle involved in an Abkari offence, irrespective of the outcome of any criminal prosecution.

JUDGMENT :

1. The Petitioner is the owner of a Mahindra Thar vehicle bearing Regn. No.KL-45-L-84. He filed this writ petition challenging Ext.P4 Order by which his vehicle was confiscated under Section 67B of the Abkari Act and Ext.P5 Appellate Order under Section 67E of the Abkari Act confirming Ext.P4 Order and to release the vehicle on the ground that Crime No.1707/2014 of the Kodakara Police Station in connection to which the vehicle was confiscated ended in acquittal of the accused as per Ext.P6 Order of the Additional Assistant Sessions Court, Irinjalakkuda in S.C.No.581/2015.

2. The Second Respondent filed the Counter Affidavit dated 24.06.2024 opposing the prayers in the Writ Petition contending, inter alia, that the vehicle of the petitioner was found loaded with 150 Litres of toddy in 5 cans during the search conducted by the Sub Inspector of Police Kodakara on 15/10/2014 in the house of one Sri. Laiju in which 5 litres of toddy in a drum and 60 litres of toddy in 2 cans and other utensils were also found; that the said Laiju had valid Inter Division Toddy Transport Permit to transport toddy upto 30.09.2014; that the vehicle of the petitioner was the permitted vehicle; that the petitioner failed to prove that the involvement of the vehicle was without his knowledge and that he had taken reasonable and necessary precaution against the misuse of the vehicle; that admittedly the petitioner permitted to use the vehicle for transportation of toddy in the vehicle without valid permit; that the vehicle used for transporting toddy without valid Permit is liable for confiscation; that the Authorised Officer is entitled to proceed with the confiscation proceedings dehors the other provisions of the Act, irrespective whether the accused is prosecuted or not for the offence involved and irrespective of the outcome of such prosecution; and that the confiscation order is perfectly legal and valid.

3. I heard Sri. Britto N.L. for the petitioner and Learned Senior Government Pleader Sri. Bimal K. Nath for the respondents.

4. In the light of the pleadings of the parties and the arguments made in support of the same the following issue arises in this Writ Petition.

a. Whether the vehicle confiscated under Section 67B of the Abkari Act is liable to be released when the Criminal case in connection to which the vehicle was confiscated ended in acquittal of the accused?

5. The provisions relevant for adjudication of the above issue are Sections 67B and 67C of the Abkari Act. They are extracted hereunder.

67B. Confiscation by Abkari Officers in certain cases.-(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where any liquor, intoxicating drug material, still, utensil, implement or apparatus or any receptacle, package or covering in which such liquor, intoxicating drug, material, still, utensil, implement or apparatus is found or any animal, cart, vessel, or other conveyance used in carrying the same is seized and detained under the provisions of this Act, the officer seizing and detaining such property shall, without any unreasonable delay, produce the same before an officer authorised by the Government in this behalf by notification in the Gazette, not being below the rank of an Assistant Excise Commissioner (hereinafter referred to as the authorised officer).

(2) Where an authorised officer seizes and detains any property specified in sub-section (1) or where any such property is produced before an authorised officer under that sub-section and he is satisfied that an offence under this Act has been committed in respect of or by means of that property and that such property is liable to confiscation under this Act, such authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of such property and where such property consists of any receptacle or package, the authorised officer may also order confiscation of all contents thereof.

(3)