NAZER Vs. STATE

JUDGEMENT

(1.) Vehicle found carrying contraband is liable to confiscation. The consequence is the owner suffers. If he has knowledge and if it can be inferred, there is no further question. Actio personalise nisi mens cit rea is the golden thread maxim. In regard to offences known as statutory application of the maxim certainly moulded in the context and added to it, if the statute concerned creates a presumption of knowledge, the court is called upon to consider interplay its discharge on examination of factual matrix.

(2.) These are aspects requiring consideration and examination in the context of confiscation of Motor Vehicle No. KBF 4316 by the order (Ext. P3) dated 5.3.1994 by the Assistant Excise Commissioner, Ernakulam (respondent No. 1) and confined in appeal by the order dt. 6.6.1994 by the Joint Excise Commissioner, Thiruvananthapuram (respondent No. 3) as per the provisions of the Kerala Abkari Act. As the undisputed position is that the petitioner is the owner and the vehicle from the date of its seizure on July 13, 1993 is with the respondents, this petition challenging confiscation was taken up for hearing and final decision and is being decided by this judgment.

(3.) The material on record presents the following factual matrix. The Motor Vehicle No. KBF 4316 is a public carrier in goods. Permit was entrusted with the driver - one Jani. The vehicle was seized by the Palluruthy police on July 13, 1993 at 7.55 p. m. for transportation of spirit and a crime (C. R. No. 46/1993) was registered on the basis of occurrence report as the driver could not be intercepted. The vehicle was produced before the Mattancherry Excise Range Officer on the next day for further action, as per the occurrence report. It was seized under seizure memo - mahazar.