NAVARU SWAPANA REDDY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the registered owner of a Toyota Innova Cresta Car bearing Registration No.TS-07-FE-8889, registered with the RTA Ranga Reddy situated in the State of Telangana. According to the petitioner, the vehicle is used exclusively by the petitioner and her family members in connection with her flower business. The petitioner hails from the State of Telangana. The husband of the petitioner, along with his friends, had taken the vehicle to Kerala during the Christmas of 2017. They came to the State of Kerala and when they reached Chalakkayam, Pamba in the above vehicle, 3.3 litres of Indian Made Foreign Liquor (IMFL) was recovered from the husband of the petitioner and five other co-passengers. The Police registered a crime and effected seizure of the vehicle with the contraband articles and reported the same to the Magistrate. A case is registered against the husband of the petitioner and the other co- passengers in the Innova Car under Section 55(a) and 58 of the Abkari Act, with Rule 9 of the Foreign Liquor Rules, 1953 and Sec.118(e) of the Kerala Police Act. The vehicle was seized by the Detecting Officer and produced before the second respondent. The second respondent, after hearing the petitioner, passed Exhibit.P7 order, thereby, confiscating the vehicle. The relevant portion of Ext.P7 order reads as follows:

(2.) By Ext.P7 order, the second respondent confiscated the vehicle as per Section 67 B (2) of the Kerala Abkari Act. Aggrieved by Ext.P7, the petitioner filed an appeal before the 3rd respondent. The 3rd respondent, after considering the contentions of the petitioner, dismissed the appeal as per Ext.P9 order. Aggrieved by Exts.P7 and P9 orders, this writ petition is filed.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader.