STATE OF KERALA Vs. SUNDARA RAMA AND CO

JUDGEMENT

(1.) In this appeal by defendants 3 and 4, the State of Kerala and the Assistant Excise Commissioner, Trivandrum, the only question raised by the learned Government Pleader appearing on behalf of the appellants is relating to the correctness of the decision of the lower court granting a decree declaring the confiscation of Ambassador Car KLV 5682 belonging to the 1st defendant as illegal and void.

(2.) The suit was by the financier who had advanced a sum of Rs. 10,000/- to the 1st defendant under a hire purchase agreement between them dated 25-11-1974 produced as Ext. Al in this case. According to the plaintiff the first defendant had defaulted repayment of the amount in instalments as required by Ext. Al and a sum of Rs. 10,030/- is due from him. The second defendant is the guarantor for repayment of the amount to the plaintiff as per the hire purchase agreement Ext. Al. Defendants 3 and 4 are impleaded for the reason of an order of confiscation of the vehicle to the Government passed by the fourth defendant on 29-11-1975 for offences committed under the Abkari Act.

(3.) In this appeal by defendants 3 and 4 we are not concerned with the contentions raised by defendants 1 and 2 in the suit. The appellants raised the contention that the vehicle was involved in an offence under S.55 and 58 of the Abkari Act in that at the time of its seizure it was found transporting twelve tins of illicit arrack, each tin containing 18.5 litres. Proceedings for confiscation of the goods and the vehicle were initiated as per S.67 of the Abkari Act, after due notice to the first defendant from whom it was seized. An order confiscating the vehicle to the Government was passed by the fourth defendant, the Assistant Excise Commissioner, Trivandrum on 29-11-1975 and by virtue of the said order which has become final, the vehicle in question has vested in the Government free of all encumbrances. The first defendant had challenged the order of confiscation before this Court in O. P. No. 3347 of 1975. The O. P. was dismissed and the order of dismissal was confirmed in writ appeal No. 448 of 1975. A certified copy of the judgment in writ appeal was produced as Ext. B2.