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2024 Supreme(Ker) 530

M. A. ABDUL HAKHIM
Manoj – Appellant
Versus
State of Kerala, Represented by the Secretary to the Government, Excise Department, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: N.L. Bitto.
For the Respondent: Smt. K.B. Sony-GP.

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

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