JUDGMENT

The writ petition came up seeking the following reliefs:

"(i) declare that the vehicle of the petitioner bearing registration number KL-39-M-1567 is not liable to be confiscated under Section 67-B of the Kerala Abkari Act in connection with Crime No.596/2021 of Maradu Police Station.

(ii) declare that petitioner is entitled to the benefit of Section 67-C(2) and Section 67D of Kerala Abkari Act considering the totality of facts and circumstances in Crime No.596/2021 of Maradu Police Station being the registered owner of vehicle bearing registration number KL-39-M-1567 seized in that crime.

(iii) declare that petitioner is entitled for an expeditious completion of the proceedings initiated under Section 67-B of the Abkari Act against petitioner as per Exhibit P4 notice by the 1st respondent Deputy Commissioner of Excise, (Authorized Officer) - Ernakulam.

(iv) issue a writ of mandamus or such other writ or order directing the 1st respondent Deputy Commissioner of Excise, (Authorized Officer) - Ernakulam to complete the proceedings initiated under Section 67-B of the Abkari Act against petitioner as per Exhibit P4 notice and pass appropriate orders applying Section 67-C(2) and Section 67D of the Abkari Act, within such appropriate time limit which may be fixed by this Honourable court."

2. Admittedly, the application in the matter is pending consideration before the competent authority, ie., first respondent, Deputy Commissioner of Excise and so far no order either under Section 67-B or 67-C was passed. Admittedly, show cause notice was issued to the person concerned. As such, it is not at all fit and proper to go into the merits and demerits of the case. Without prejudice to the right of petitioner to agitate all the issues before the concerned officer, the present writ petition is hereby dismissed.

Sd/-

P.SOMARAJAN JUDGE

msp

APPENDIX OF WP(C)NO.15523/2021 PETITIONER EXHIBITS ANNEXURE P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-39-M-

1567 ANNEXURE P2 TRUE COPY OF THE PERMIT OF THE VEHICLE OF THE PETITIONER ANNEXURE P3 TRUE COPY OF THE FIRST INFORMATION STATEMENT ALONG WITH THE SEIZURE MAHAZAR IN CRIME NO.596/2021 OF MARADU POLICR STATION, ERNAKULAM DISTRICT ANNEXURE P4 TRUE COPY OF THE NOTICE NO.E7/5329/2021 DATED

10.06.2021 ISSUED DEPUTY COMMISSIONER OF EXCISE, (AUTHORIZED OFFICER) - ERNAKULAM ANNEXURE P5 TRUE COPY OF THE REPRESENTATION DATED

28.06.2021 MADE BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER OF EXCISE, (AUTHORIZED OFFICER) - ERNAKULAM ANNEXURE P6 TRUE COPY OF THE JUDICIAL FIRST CLASS MAGISTRATE - VIII - ERNAKULAM DATED

12.07.2021 IN CMP NO.864/2021 IN CRIME NO.596/2021 OF MARADU POLICE STATION