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2021 Supreme(Online)(KER) 32366

GOPALAN K.T – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

P.B.Suresh Kumar, J.

This writ appeal is directed against the judgment dated 07.12.2021 in W.P.(C) No.25966 of 2021. Appellant is the petitioner in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

2. The petitioner owns a mini van bearing registration No.KL-03/AD-988. The vehicle owned by the petitioner was seized and detained by the third respondent alleging commission of offences punishable under Sections 13 and 63 of the Kerala Abkari Act (the Act). The allegation against the petitioner is that on 25.09.2021, at about 18.00 hrs., he was found transporting in his vehicle Indian Made Foreign Liquor in excess of the permissible quantity. The quantity of Indian Made Foreign Liquor allegedly transported by the petitioner is 4 litres. The ofÏcer who seized and detained the vehicle later produced the same before the second respondent, the competent authority under Section 67B of the Act for initiating proceedings for confiscation for having used the vehicle for committing the offences alleged. As the proceedings for confiscation is likely to take time for its culmination, the petitioner applied to the

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