Akhil Prasad vs State Of Kerala
2021 Latest Caselaw 20292 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 19924 OF 2021


PETITIONER:

          AKHIL PRASAD,
          S/O.JYOTHI, AGED 24 YEARS
          ALUVILAKAOM, PERUNGUZHI P.O., AZHOOR,
          THIRUVANANTHAPURAM PIN-695305.

          BY ADVS.SRI.K.J.SAJI ISAAC
                  SRI.JITHIN SAJI ISAAC


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF EXCISE, THIRUVANANTHAPURAM -695 001.

    2     THE DEPUTY EXCISE COMMISSIONER,
          EXCISE DIVISION OFFICE, CHINNAKKADA, KOLLAM-691001.


          BY SMT.T.V.NEEMA, SR. PUBLIC PROSECUTOR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.19924 of 2021

                                      2




                               JUDGMENT

Dated this the 30th day of September, 2021

This Writ Petition is filed under Article 226 of the Constitution of

India by the petitioner, who is the registered owner of the Maruti Swift

VXI BS IV bearing registration No.KL-16 R 3132, which was allegedly

involved in the transportation of illicit arrack.

2. The accused who was engaged in transportation of illicit

arrack in the vehicle was arrested and a crime was registered against

him for offences punishable under Sections 8(1) (2), 55(a) and 67B of

the Kerala Abkari Act, 1077 (for short 'the Act'). The petitioner being

the registered owner of the vehicle has made an application before the

Deputy Excise Commissioner, Kollam. The Deputy Excise

Commissioner by notice, copy of which is appended to the petition on

hand as Ext.P2, has informed the petitioner that the vehicle would be

released in his interim custody only on furnishing a cash security

equivalent to the value of the vehicle as assessed by the Mechanical

Engineer of the Excise Department. The value of the vehicle was

assessed by the Mechanical Engineer of Excise as Rs.3,76,000/-. W.P.(C).No.19924 of 2021

3. The prayer of the petitioner is to substitute the direction to

furnish cash security equivalent to the value of the vehicle with

execution of a bond for that amount with solvent sureties.

4. Section 53B of the Act provides that once a vehicle is

ordered to be released in interim custody, the petitioner will be

entitled to obtain custody only on executing a bond by way of cash

security equivalent to value of the vehicle assessed by competent

officers mentioned in the provision. Mechanical Engineer of Excise

Department is one among the competent officers referred to in the

provision. In the case on hand, the value of the vehicle was assessed

by him as Rs.3,76,000/-. Therefore the petitioner has no other

alternative than to comply with the direction in the notice issued as

Ext.P2. This Court cannot modify or substitute the condition under

challenge in view of the legislative intention expressed unambiguously

in Section 53B of the Act.

In the result, the Writ Petition is dismissed.

sd/-

MARY JOSEPH JUDGE NAB W.P.(C).No.19924 of 2021

APPENDIX OF WP(C) 19924/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING REG.NO. KL 16R 3132.

EXHIBIT P2 TRUE COPY OF THE NOTICE NO. Q7 (V)-EDOKLM/779/2021-Q7(V) DATED 06/09/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENT'S EXHIBITS    NIL



                                           //TRUE COPY//



                                           P A TO JUDGE