JYOTHISMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking for the following reliefs:

(2.) The averments of the writ petitioner are as follows: He is the registered owner of a Hyundai Santro Car bearing registration No.KL-33-M/3092. True copy of the certificate of registration of the vehicle is produced alongwith the petition on hand as Ext.P1. He is hailing from a traditional Ayurveda Physician's family and the family has been engaged in providing Ayurveda treatment for the past more than 70 years. Petitioner's wife is also an Ayurveda Doctor. Medicines like 'Arishtas' and 'Asavas' of Kottakkal Arya Vydyasala and Thykkattu Moose are being used for treatment purposes in the clinic run by the petitioner and his family. A car owned by the petitioner was seized by the 5th respondent on 23/5/2020 alleging that it was used for transportation of 54 liters of illicit 'Arishtas'. A seizure mahazar was prepared on 23/5/2020 by the Preventive Officer, Excise Range Office, Changanacherry while seizing the alleged 'Arishta' and the car owned by the petitioner, true copy of which is produced alongwith the petition on hand as Ext.P2. CR. No.57/2020 was registered by Excise Range Office, Changanacherry alleging commission of offences punishable under Ss. 58B and 67B of the Kerala Abkari Act,1077 (for short 'the Act') by the writ petitioner, true copy of which is produced alongwith the petition on hand as Ext.P3.

(3.) One Mr.Sureshkumar, who allegedly brought the Arishta in the car was implicated as the sole accused in the crime. According to the petitioner the alleged Arishta was transported in the vehicle solely for the purpose of giving it to the patients in his clinic. The vehicle used for transportation of Arishta, is now in the custody of the 5th respondent and seeking its release, the Writ Petition is filed.