STATE OF KERALA Vs. M AVINASIAPPAN

JUDGEMENT

(1.) In the year 1989, the Excise Circle Inspector seized a lorry and 45 barrels of spirit under the Abkari Act, alleged to be owned by the respondent. The driver and the cleaner compounded the offence before the Excise circle Inspector on payment of fine of Rs. 10,000/- each. Subsequently, the Joint Commissioner, excise, released the vehicle to the respondent on furnishing the bank guarantee for a sum of Rs. 1,50,000/ -.

(2.) Aggrieved, an appeal was filed by the respondent before the Joint Commissioner under Section 67b of the Kerala Abkari Act, 1977 (for short 'the Act') and the same was dismissed. The respondent thereafter filed a revision before the Excise Commissioner praying therein for suo moto exercise of revisional power by the Excise Commissioner for setting aside the order passed by the authority below. The said petition was rejected on 4.6.91 by the Excise Commissioner. Aggrieved, the respondent filed a petition under Article 226 of the Constitution of India, which was dismissed. However, on a writ appeal filed by the respondent, the Division Bench of the Kerala High court set aside the order of the learned Single judge and allowed the appeal after having come to the view that as the Excise Commissioner was exercising powers under Section 67f of the Act, he was acting quasi judicially and as such an opportunity of hearing ought to have been given to the respondent and further the commissioner ought to have recorded reasons for rejecting the petition of the respondent. It is against the said judgment of the High Court, the appellant is in appeal before us.

(3.) We have heard learned counsel appearing for the appellant and are satisfied that the view taken by the High Court is erroneous. Section 67f of the Act runs as under: