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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SHIJU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. seizure of vehicle and acquittal in criminal case. (Para 1 , 2 , 3) |
| 2. contention on authority for confiscation and independent proceedings. (Para 4 , 5) |
| 3. court's observation on the distinction of proceedings. (Para 6 , 7) |
JUDGMENT
The petitioner is the RC owner of an Auto rickshaw bearing registration No.KL-56F-9380. On 05.06.2014, the Balussery Excise Range Officer seized the aforesaid vehicle, alleging transportation of Indian made Foreign Liquor, which led to the registration of Crime No.65/14 under Sections 55 (i) and 34(1)(a)(IV) of the Abkari Act . Thereafter, the said vehicle was produced before the second respondent, Deputy Commissioner of Excise, under Section 67B of the . Ext.P1 confiscation order was passed on 30.09.2014. The petitioner remitted the market value of the vehicle, which was fixed at Rs 50,000/- and took custody of the vehicle.
2. Crime No.65/14 charge sheeted by the Excise Inspector, Balussery Excise Range, was committed to the Sessions Court and numbered as S.C.No.1202/2014. The Sessions Court, after the trial, found that the petitioner was not guilty of the offence and acquitted under Section 235 (1) Cr.P.C., through Ext.P4 judgment, d
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