Order

The State has filed this petition to review the judgment of this court dated 2.12.2011. As per that judgment the autorickshaw involved in that case was ordered to be released to the petitioner therein on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount. He was also directed not to transfer possession of the autorickshaw without getting permission from the jurisdictional Magistrate. There was a further condition that he shall produce the autorickshaw before the learned Magistrate or the authorised officer as and when directed.

2. The learned Public Prosecutor would submit that the aforesaid order is liable to be reviewed. The decision of this court in Shankaran v. Addl. Excise Commissioner ( 2010(3) KLT 63 ) has been relied upon. That was a case where the proceedings initiated for confiscation of a vehicle was challenged before this R.P.63/12 2 court. But in that case it was specifically found that the petitioner therein was the owner of the vehicle. That the contraband liquor was transported and seized from the vehicle when his son was driving the same was not at all disputed. That apart, the authorities could find that it was with the kn