ABDUL GAFOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the registered owner of an autorickshaw bearing registration No.KL-55 E/5067. THE said vehicle was seized by the officers of the Excise Department on 29.9.2010 on the ground that it was illegally used to transport Indian made foreign liquor. THEreupon Crime No.64 of 2010 of Parappanangadi Excise Range was registered against the petitioner and the driver of the vehicle. It is stated that though the petitioner thereafter moved the second respondent seeking interim custody of his vehicle, till date, orders have not been passed on that application. In this writ petition the petitioner seeks a direction to the second respondent to pass orders on his application for interim custody.

(2.) THE learned Government Pleader appearing for the respondents submits on instructions that the second respondent will have to act in accordance with the provisions contained in the Kerala Abkari Shops (Disposal of Confiscated Articles) Rules, 1996 even in the matter of disposal of the petitioner's application for interim custody. She submits that the second respondent will take an expeditious decision on the petitioner's application for interim custody of the vehicle in accordance with the provisions contained in the relevant rules. In such circumstances the writ petition is disposed of directing the second respondent to consider the petitioner's application for interim custody of his autorickshaw in the light of the provisions contained in the Kerala Abkari Shops (Disposal of Confiscated Articles) Rules, 1996 and take an appropriate decision thereon 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 second respondent shall also finalise the proceedings, if any, initiated by him under section 67B of the Kerala Abkari Act expeditiously.