Vehicle owners are not liable for confiscation under the Abkari Act if they prove lack of knowledge or connivance regarding illicit transport.

JUDGMENT

1. These four writ petitions have been filed against the orders passed under Section 67(B) and (C) of the Abkari Act .

2. The facts of each petition are stated in brief as under;

I) W.P.(C) 13203 of 2024

a) The petitioner is the owner of the Mahindra Bolero Pick-up vehicle bearing Registration No. KL-13-AH-8431. According to the petitioner, the said vehicle is used for the collection of bananas from Wayanad and Tamil Nadu and supply in Kannur and Kasaragod districts in the State. Petitioner has been doing this business for the last eighteen years. Petitioner would take orders for supplying bananas through his driver-cum-delivery agents. Other vehicles of the petitioner are also used for the same purpose.

b) On 26.05.2021, at around 3.15 p.m., Mr. Dilip M. Excise Inspector, Excise Range Office, Thaliparamba with other officials seized the said vehicle of the petitioner from near NH Mudikkanam Road, Pariyaram Amsam, Embet Desom for illegally transporting 7.5 liters of Indian Made Foreign Liquor mandated to be sold in Karnataka State only. The driver of the Vehicle, Mr. Arunkumar U. was arrested and case, Crime No. 30/2021 at Excise Range Office, Thaliparamba under Section 55(a) and 58 of the Abkari Act was registered against the driver. The Deputy Commissioner of Excise, Kannur, the authorised officer under Section 67(b) of the (hereinafter referred to as the ‘Act’ for short), the 1^st respondent entrusted the vehicle to the Excise Inspector, Excise Range Office, Thaliparamba.

(c) The petitioner submitted a request for the temporary release of the vehicle. The 1^st respondent vide the order dated 19.07.2021 (Exhibit P-1) released the vehicle temporarily to the petitioner on depositing the market value of the vehicle i.e. Rs. 3,75,000/- as per the assessment made by the Excise Mechanical Engineer, Thiruvananthapuram.

(d) A show cause notice as per Section 67C of the Act was issued to the petitioner asking him to show cause as to why the vehicle should not be confiscated to the Government. The petitioner had submitted reply to the said show cause notice on 27.07.2021 stating that, he had no connection with the alleged crime committed by the driver and he was totally unaware of the legal act done by the driver. After considering the reply, the said vehicle has been confiscated as per the order in Exhibit P-2 dated 29.08.2022 passed under Section 65 (B) of the Act.

(e) The petitioner filed Exhibit P-3 appeal against the order of confiscation of the vehicle before the Additional Excise Commissioner, Enforcement, Thiruvananthapuram. However, the said appeal got rejected vide the order date 11.01.2023 in Exhibit P-4. After the appellate authority passed the order in Exhibit P-4, notice in Exhibit P-5 dated 07.02.2024 had been issued to the petitioner by the 1^st respondent to produce the vehicle or submit application for permanent release of the vehicle by forfeiting the security deposited for temporary release of the vehicle. These orders in Exhibits P-2 and P-4 and notice in Exhibit P-5 dated 07.02.2024 are under challenge before this Court in the present writ petition.

II) W.P.(C) No. 14287 of 2024

a) Petitioner in the said writ petition is the owner of Maruti Wagon R VXI BS IV Car bearing Registration No. KL-12-M-675. The said vehicle was seized by the Police alleging that, on 21.05.2021, 400 ml Arrack was transported in the said vehicle by Mr. Mathews, the father-in-law of the petitioner and Crime No. 214 of 2021 of Kenichira Police Station in Wayanad district was registered against the said Mr. Mathews alleging comm