T.C.CHANDY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the owner of two vehicles -Mahindra Jeep bearing registration No.KL -05/E -7747 and Bolero Jeep bearing registration No. KL -01/T -1436 -both of which had been confiscated by the police on the grounds that they were used for transporting contraband, i.e. Arrack. Having failed in his efforts to get the vehicles released, the petitioner eventually filed the writ petition assailing Exhibit P4 order of confiscation passed in appeal by the Additional Excise Commissioner (Enforcement), Thiruvananthapuram.

(2.) The facts in brief are that on 19.09.2009, the Sub Inspector of Police, Kaduthuruthy Police Station, along with his men inspected the petitioner's building and allegedly seized 52.5 liters of Arrack. He was also said to have found 5 liters of Arrack in the Mahindra Jeep parked nearby.

(3.) As a result of the seizure mentioned above, the Police registered Crime No.391/2009 against the petitioner for the alleged offences under Sections 55(a), (g), (h), (i), 55B and 58B(a) and (c) of the Abkari Act.