PAREED MUSALIYAR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) In relation to a hooch tragedy, the respondent authorities registered a crime in Crime No. 361/2010 on the file of Wandoor Police Station for the offence under S.302, S.307, S.201 read with S.34 IPC and S.57(A) of the Abkari Act and investigated the crime.

(2.) During the course of the investigation, based on the alleged confession made by one of the accused in the crime, the Police seized the petitioner's vehicle, a Tempo Traveler bearing Registration No. KL7 - BC - 4141, though the petitioner himself is not an accused. Later, after the initial seizure, the authorities confiscated the vehicle, as part of which the third respondent passed Ext. P5 order under S.67B of the Abkari Act (the 'Act' for brevity).

(3.) Aggrieved, when the petitioner appealed against Ext. P5, the second respondent, through Ext. P6 order, negatived the petitioner's claim and confirmed the findings of the third respondent. The fact, however, remains that in the light of the interim custody obtained by the petitioner initially after providing a cash deposit of Rs.3,00,000/-, the vehicle was in the custody of the petitioner by the time the Appellate Authority passed the order, and continued to be in his possession.