ANASUYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the R.C. owner of the vehicle bearing Reg. No. KL-46-M-2654 Tata Nano Car involved in crime No.290/2016 of Vadakara Excise Range registered for the offence under Sec. 13 read with Sec. 63 of the Abkari Act (for short "the Act") on the allegation that on 20.12.2016 at 5.30 p.m., the accused persons therein were found transporting 15 litres of Indian Made Foreign Liquor in the said vehicle, in contravention of the provisions of the Act.

(2.) The petitioner approached the court below under Sec. 457 Crimial P.C. for the release of vehicle. The court below as per Annexure-1 ordered to release the vehicle to the petitioner. However, the said vehicle was not taken by the petitioner from the court after executing the bond as directed by the court. Meanwhile, the Deputy Excise Commissioner issued notice to the petitioner as provided under Sec. 67C(1)(a) of the Act to show cause why the vehicle should not confiscated. The petitioner submitted reply dated 16.1.2017. Thereafter, Annexure-IV order was passed by the Deputy Excise Commissioner confiscating the vehicle.

(3.) Heard.