DEVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER claims to be the agreement owner of a Motor Cycle bearing registration No.KL-20-8771. According to the petitioner, on 10.4.2011, the vehicle was stolen from the place where it was parked on the road side at Edamon. It is also stated that he informed the Thenmala Police Station of the theft. On 10.4.2011 itself, the vehicle was seized by the Thenmala police from a stranger by name Sudeesh for carrying 4.5 litres of IMFL. Accordingly Crime No.323/2011 under Section 55(a) of the Abkari Act was also registered.

(2.) THE vehicle was produced before the Authorized Officer for proceedings under Section 67(b) of the Act. The Authorized Officer issued notice to one Rajan who was the registered owner of the vehicle. Notice could not be served on him. However, petitioner appeared before the Authorized Officer and contended that he is the owner of the vehicle and had purchased the same from one Ramkumar. He also stated that the vehicle was stolen from him and that he is innocent of the offence. On that basis, he sought release of the vehicle. His contentions were rejected and the vehicle was ordered to be confiscated as per Ext.P4 order.

(3.) FOR the aforesaid reasons I do not find any substance in the challenge against Exts.P4 and P5. Writ petition is accordingly dismissed.