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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Thomas T.G., S/o Varghese – Appellant
Versus
Commissioner Of Excise – Respondent
| Table of Content |
|---|
| 1. challenge to vehicle confiscation under kerala abkari act. (Para 2 , 3) |
| 2. procedural issues in confiscation proceedings. (Para 4 , 5 , 6) |
| 3. discretionary power of authorized officer in confiscation. (Para 7) |
JUDGMENT :
The above Writ Petition (Crl.) is filed seeking the following reliefs:
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
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 4th 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
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.
Provisions in Section 67B of the Act operate independent of Section 67C, it is not to be taken that when an owner does not invoke the provision in Section 67C, there should be confiscation under Sect....
Confiscation orders require satisfaction of offense proof; mere doubts in prosecution can quash them.
Point of law : Sec.67(C) of the Abkari Act says that no order confiscating any property shall be made under Sec.67B unless the person from whom the same is seized, is given a notice in writing inform....
Confiscation under the Abkari Act cannot stand if the accused is acquitted of the underlying offence.
Simultaneous confiscation proceedings cannot be sustained after an acquittal in a criminal case.
The acquittal of accused in a criminal trial must be considered in confiscation proceedings, protecting property rights under Article 300A.
Acquittal in criminal proceedings is relevant to confiscation under the Abkari Act, and arbitrary orders lacking reasoning are subject to judicial review.
Confiscation of a vehicle under the Abkari Act requires evidence of the owner's knowledge or active involvement in the offence.
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