JUDGMENT

Dated this the 14th day of February, 2022.

This Writ Petition (Crl) is filed under Article 226 of the Constitution of India seeking for the following reliefs:

i) Issue a writ of Certiorari or any other appropriate writ, to call for records leading to the seizure of spirit in the containers of the lorries bearing Reg.Nos. KL-42/S-6822 and KL-42/S-9322 in Crime No.571/2021 of Pulikeezhu Police Station by the respondent No.2 and set aside the same.

ii) declare that the spirit contained in the containers of the lorries bearing Reg. Nos. KL-42/S-6822 and KL-42/S-9322 seized in crime No.571/2021 of Pulikeezhu Police Station is not liable to be seized under Section 65 of the Abkari Act;

iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondent Nos.2 and 3 to release the spirit seized by the respondent No.2 in crime No.571/2021 of Pulikeezhu Police Station to the petitioner so as to enable him to deliver the same in the 4th respondent distillery; and iv) grant such other relief as this honourable Court may deem fit to grant in the facts and circumstances of the case.

2. The writ petitioner is engaged in the business of transportation of things to various parts of the country. He owns various lorries and vehicles and those are in use for transportation purposes. He has also employed several employees including drivers for the smooth conduct of his business. At 12.15 p.m. on 30.6.2021, when two drivers under him were transporting spirit in lorries bearing registration Nos. KL- 42-S 6822 and KL-42-S 9322 respectively from Barwaha, Madhyapradesh to Travancore Sugars and Chemicals, Pulikeezhu, Thiruvalla, those were intercepted and a search was conducted by the police. 12687 and 7699 liters of liquor, respectively were found loaded in the vehicle and those were seized. Accused Nos.1 and 2 confessed that the spirit was meant for sale to the 7th accused at Senthua, Madhya Pradesh with the knowledge of accused Nos.3 to 6.

3. True copy of the registration certificate stands in the name of the petitioner is produced alongwith as Ext.P1. Vehicle bearing Registration No.KL- 42 S 6822 was hired by the petitioner from one Mr.Shaju K.P. for the purpose of transportation of spirit which was authorised by valid permit, true copy of which is produced alongwith as Ext.P2. The petitioner having been engaged in the business of transportation, had entered into an agreement with Travancore Sugars & Chemicals Ltd., Thiruvalla for transportation of spirit from various States to the distillery of Travancore Sugars & Chemicals Ltd., Thiruvalla, true copy of which is produced alongwith as Ext.P3. The petitioner was also holding the necessary licences for transportation of the spirit. The petitioner is holding a permit issued by the Excise Commissioner, Kerala to import spirit to the State of Kerala. He is also issued with a permit from the Excise Commissioner, Madhya Pradesh for exporting spirit. The spirit loaded in the vehicle was meant for transportation from Associated Alcohols and Breweries Ltd., Khodigram, Madhya Pradesh to Tranvancore Sugars & Chemicals Ltd., Pulikeezhu, Thiruvalla. The petitioner has made the payment to Associated Alcohols and Breweries Ltd. prior to the loading of the spirit in the lorries itself in advance. Payment in advance is a requirement to be complied with prior to the loading of the liquour for transportation itself. Therefore, the amount stands paid was Rs. 20,37,956/- and it was equivalent to the value of the spirit loaded for transportation having quantity of 40,000 liters. The payment was made on 25.06.2021, and to evidence that, true copies of the invoices dated 25.6.2021 issued by Associated Alcohols and Breweries Ltd.,are produced alongwith as Exts.P4 and P4(a). The amount paid by the petitioner will have to be returned to him by Travancore Sugars and Chemicals Ltd., Thiruvalla on the spirit being delivered there.

The contention of the petitioner was that the spirit found in