Kerala High Court
Ajayan @ Raju vs The Excise Inspector on 22 June, 2012
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
WP(C).No. 15831 of 2012 (D)
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PETITIONER(S):
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AJAYAN @ RAJU, AGED 42 YEARS
S/O.HENDRY, AJAYA MANDIRAM VEEDU
AMBALATHINKALA DESOM, EZHUKONE VILLAGE
KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENT(S):
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1. THE EXCISE INSPECTOR
KOLLAM EXCISE RANGE, KOLLAM-691001.
2. THE DEPUTY COMMISSIONER OF EXCISE,
KOLLAM-691001.
3. THE MECHANICAL ENGINEER,
EXCISE DEPARTMENT
OFFICES OF THE ADDL. EXCISE COMMISSIONER
THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.M.MUHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.15831/12
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF THE
PETITIONER'S VEHICLE MARUTI SWIFT CAR BEARING REG.NO.KL-24-E-1448
EXT.P2 PHOTOCOPY OF THE PETITION DATED 22.6.2012 SUBMITTED BY HE
PETITIONER BEFORE THE 2ND RESPONDENT.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J.
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W.P.(C) NO. 15831 OF 2012
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Dated this the 6th day of July, 2012
J U D G M E N T
Petitioner claims to be the registered owner of a Maruti Swift car bearing Regn.No.KL-24E 1448. The car was seized in connection with Crime No.50/12, which involves the offences under Section 55(a) and 55D of the Abkari Act. According to the petitioner, vehicle is kept in the Excise Range Office, Kollam. He therefore made Ext.P2 application to the 2nd respondent seeking interim custody of the vehicle. Orders have not been passed on Ext.P2. Therefore, the writ petition is filed.
2. According to the counsel, petitioner is willing to furnish adequate security including bank guarantee if the vehicle is released to him. Although it is a fact that the vehicle is involved in the case referred to above, no useful purpose will be served if the vehicle is kept exposing to sun and rain till the adjudication is over.
3. In such a case, if the petitioner is willing to provide adequate security including bank guarantee for the value of the vehicle, prima facie, there is no reason why the request shall not WPC.No.15831/12 :2 : be allowed.
In such circumstances, I dispose of this writ petition directing that the 2nd respondent will consider Ext.P2 and pass orders thereon at any rate within 2 weeks of production of a copy of this judgment along with a copy of the writ petition.
ANTONY DOMINIC, JUDGE Rp