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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Biju Ettammal S/o Balan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to confiscation order. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against the legality of confiscation. (Para 6 , 7) |
| 3. authority must satisfy objective criteria for confiscation. (Para 8) |
| 4. significance of acquittal in confiscation cases. (Para 9) |
JUDGMENT :
1. This writ petition has been filed challenging the confiscation order passed u/s 67B(2) of the Kerala Abkari Act.
3. The prosecution case, in short, was that on 11/10/2019 at 11.50 p.m., the petitioner was found transporting 12 bottles of Indian Made Foreign Liquor, each having a capacity of 750 ml, in his Innova car bearing Regn.No.KL-13 S 1772 in contravention of the Abkari Act.
5. The car that belongs to the petitioner involved in the crime was seized during the investigation. It was released on interim custody to him. Subsequently, the 4th respondent initiated confiscation proceedings under Section 67B of the Abkari Act. As per Ext.P1 order, the car was ordered to be confiscated, which was confirmed in appeal as per Ext.P3 order of the 3rd respondent. The petitioner challenged Exts.P1 and P3 before this court in WP(Crl) No.314/2022. It was disposed of as per Ext.P5 judgment directing the 2nd respondent
Confiscation under the Abkari Act cannot stand if the accused is acquitted of the underlying offence.
Acquittal in criminal proceedings is relevant to confiscation under the Abkari Act, and arbitrary orders lacking reasoning are subject to judicial review.
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.
Confiscation orders require satisfaction of offense proof; mere doubts in prosecution can quash them.
Confiscation of a vehicle is invalid if the accused has been acquitted in related criminal proceedings, reinforcing property rights.
Simultaneous confiscation proceedings cannot be sustained after an acquittal in a criminal case.
The requirement of giving proper notice before property confiscation under the Abkari Act is mandatory.
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....
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....
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