Manoj vs The State Of Kerala
2024 Latest Caselaw 26732 Ker

Kerala High Court

Manoj vs The State Of Kerala on 5 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
         Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
                             WA NO. 1321 OF 2024
    AGAINST JUDGMENT DATED 12.06.2024 IN WP(C) 26310/2020 OF THIS COURT
APPELLANT(S)/WRIT PETITIONER:

     MANOJ, AGED 49 YEARS, S/O. AYYAPPANKUTTY, KOODAPARAMBIL HOUSE,
     ANANDPURAM DESOM, NELLAYI P.O., MUKUNDAPURAM TALUK, THRISSUR
     DISTRICT., PIN - 680305

BY ADVS.M/S. N.L.BITTO & MITHUL T ANTO

RESPONDENT(S)/RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
     EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT,
     THIRUVANANTHAPURAM-695001., PIN - 695001
  2. THE ADDITIONAL EXCISE COMMISSIONER, OFFICE OF ADDITIONAL EXCISE
     INSPECTORATE (ENFORCEMENT), NANDAVANAM, THIRUVANANTHAPURAM P.O.,
     THIRUVANANTHAPURAM DISTRICT-695001., PIN - 695001
  3. THE DEPUTY EXCISE COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, CIVIL
     STATION, AYYANTHOLE, THRISSUR-680003., PIN - 680003
  4. SUB INSPECTOR POLICE, KODAKARA POLICE STATION, CHALAKUDY TALUK,
     THRISSUR DISTRICT-680307., PIN - 680307

BY GOVERNMENT PLEADER

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to release the vehicle KL-45-L-84 Mahindra Thar
Jeep, to the petitioner temporarily pending consideration of the above
Writ Appeal.
     This Writ Appeal coming on for orders on 05/09/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
          AMIT RAWAL & EASWARAN S., JJ.
          ----------------------------------------
                W.A. No.1321 of 2024
          ----------------------------------------
     Dated this the 5th day of September, 2024


                         ORDER

AMIT RAWAL, J.

Inter alia alleges that the findings of the Single

Bench relying upon the judgment of the Division Bench

was based upon compounding, whereas it was a case of

acquittal. Therefore, the appellant was entitled to seek

the release of the vehicle confiscated while initiating the

proceedings under Section 67B of the Abkari Act.

Issue notice before admission. Learned counsel for

the respondent accepts notice.

Post this matter on 14.10.2024.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE

vv

05-09-2024 /True Copy/ Assistant Registrar