K M JOSE Vs. EXCISE INSPECTOR KOTHAMANGALAM

JUDGEMENT

(1.) THE petitioner is the registered owner of a jeep bearing registration No.KL-07/Y-1425. THE said vehicle was seized by the officers of the Excise Department on 14.1.2010 on the allegation that it was illegally used to transport Indian made foreign liquor. THEreupon Crime No.62 of 2010 of the Kothamangalam Excise Range was registered against the petitioner alleging commission of offences punishable under the Abkari Act. THE petitioner thereupon submitted Ext.P2 representation before the respondents seeking interim custody of the vehicle on production of a bank guarantee issued by a nationalised bank. THE grievance voiced by the petitioner is that though nearly ten months have passed after the vehicle was seized, till date the vehicle has not been released by way of interim custody. In this writ petition the petitioner seeks a direction to the respondents to grant interim custody of the vehicle to him.

(2.) WHEN the writ petition came up for hearing today Smt.K.R.Deepa, learned Government Pleader appearing for the respondents, submitted that after receipt of Ext.P2 the Deputy Commissioner of Excise heard the petitioner and that he has called for a report from the Mechanical Engineer, Excise Department, in terms of rule 4(1)(a) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 as regards the value of the vehicle and that upon receipt of the report he will pass orders on Ext.P2. The learned Government Pleader also submitted that the petitioner was heard on 19.10.2010 and that in the meanwhile on 14.10.2010 a report regarding valuation of the vehicle had been called for. In the light of the above submission of the learned Government Pleader that the second respondent had already acted on Ext.P2, I am of the opinion that no further orders are called for in this writ petition except to direct the second respondent to pass final orders on Ext.P2 representation expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. The writ petition is disposed of as above.