JUDGMENT

The petitioner, a co-operative society registered under the provisions of the Kerala Co-operative Societies Act and formed for the upliftment of its members, the autorikshaw drivers, is the registered owner of vehicle No. KL-12 J-2458. The vehicle was entrusted to one of its members, Jaimon with an agreement that he shall not use or ply the vehicle for any illegal purpose and shall not carry any illegal or illicit article in the said vehicle. It is submitted that the Excise Range Officer, Kalpetta seized the vehicle on 24-7-2015 at 10 p.m. at a place called Pozhuthana Junction in Vythiri Town alleging that Sri. Jaimon illegally transported 6 litres of Indian Made Foreign Liquor and accordingly, a case was registered under Section 55 (i) and 67 B of the Abkari Act. The police seized the vehicle and proceedings were initiated for confiscation as well.

2. Petitioner's power-of-attorney holder Jaimon moved the Chief Judicial Magistate's court, Kalpetta for interim custody of the vehicle and the same was dismissed. This Court by order in Crl.M.C. No. 6975 of 2015 dated 4-11-2015 released the vehicle to the petitioner subject to the conditions imposed.

3. The Deputy Commissioner,