The court held that confiscation of a vehicle for alleged liquor transportation requires evidence of unlawful importation knowledge, emphasizing the need for discretion in such proceedings.

 JUDGMENT :

P.V.KUNHIKRISHNAN, J.

The above Writ Petition (Crl.) is filed seeking the following reliefs:

“1) To call for the records leading to Exhibit P9 and Exhibit P10 orders and quash the same by issuing a writ of certiorari;

2) Issue a writ of mandamus or any other writ or order or direction directing the 3rd respondent to afresh consider and take appropriate action in the Exhibit P7 notice by giving adequate opportunity of hearing to the meaning to natural justice principles, in the interest of justice; And

3) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice.” [SIC]

2. This Writ Petition is filed challenging Exts.P9 and P10 orders by which a vehicle, Tata Magic Iris auto-taxi bearing registration No.KL-03-AA-7963 was confiscated on the ground of involvement in Crime No.497/2017 of Thanithode Police Station, Pathanamthitta district. The above crime was registered under Sections 55(a) and 55(i) of the Kerala Abkari Act. It is alleged that the 4^th respondent, Sub Inspector of Police, Thanithode Police Station and party found the petitioner in possession of 3.180 litres of Indian Made Foreign Liquor at Koothadiman in Thanithode-Chittar Public Road on 27.06.2017 at 03.00 PM. According to the allegations, while the police party was patrolling the area, the auto-taxi bearing registration No.KL-03- AA-7963 was found parked by the side of the road and a person ran away from the place on seeing the police. Ext.P1 is the FIR and Ext.P2 is the seizure mahasar. The petitioner was arrested and remanded to judicial custody consequent to Ext.P1 case. According to the petitioner, the petitioner's auto-taxi was called on for hire by one Biju Mathew @ Thomaskutty, who is a witness in Ext.P2, and another Byju Abraham from Karimanthode towards Chittar. The said Sri. Thomas Kutty and Biju purchased IMFL from Beverages Corporation outlet at Chittar and while returning from there to Karimanthode, the Police Party of Thanithode Police Station stopped the vehicle and conducted search. It is the case of the petitioner that, even though the passengers showed purchase bills, the police registered Ext.P1 FIR. The Petitioner was arrested and remanded to judicial custody. Aggrieved by the same, the petitioner preferred a complaint against the then Investigating Officer as evident by Ext.P3 is the further submission. Consequent to Ext. P3, the State Police Complaint Authority directed an enquiry to be conducted by the District Police Chief, Pathanamthitta after registering the complaint as O.P No.466/2017 is the further submission. The District Police Chief, Pathanamthitta entrusted the enquiry with Dy.SP, Adoor before whom the petitioner along with the passengers of Auto-Taxi on 27.06.2017 appeared and given statement.

3. Thereafter the State Police Complaint Authority issued notices to the petitioner on several dates for considering the report submitted by the District Police Chief, Pathanamthitta, is the further submission. The petitioner was served with a copy of the report dated 01.11.2017 of the District Police Chief, Pathanamthitta along with a covering letter/notice dated 20.11.2017 of Police Complaint Authority. It is the case of the petitioner that the District Police Chief, Pathanamthitta stated that the enquiry does not reveal that the Ext.Pl is a false case and that the final report is already filed on 30.07.2017. Exhibit P4 is the enquiry report. According to the petitioner, he was not served with the enquiry report of the Dy.SP, Adoor or the statement of witnesses along with Ext.P4. The petitioner preferred a reply statement to Ext.P4 report of District Police Chief, Pathanamthitta pointing out that the said enquiry report in nothing but one created for helping the fellow officers by su