ASSISTANT EXCISE COMMISSIONER Vs. K V VIJAYAN

JUDGEMENT

(1.) Delay in filing the writ appeal is condoned. By judgment dated 29-01-2004 in W.P.(C).No.3345 of 2004, the learned single Judge had directed that the value of the vehicle, confiscated by the Government in respect of an Abkari offence, was to be fixed within a period of one week and on furnishing bank guarantee for the value of the vehicle and on an undertaking, the vehicle was to be released to the petitioner. Adjudication proceedings were to be completed within three months. The alternate direction was that if the "vehicle is surrendered and the same on sale fetches lesser price than the value covered by the Bank Guarantee, the Government will recover the differential amount from the concerned adjudicating officer or any other officer responsible".

(2.) Of course the order should have been more happily worded for precision and for being dutifully complied with. But by passage of time and since no efforts were made to get the appeal posted for admission, the issue might have become infructuous.

(3.) We do not find any necessity to intervene, especially since further developments after the judgment have not been supplied. The writ appeal is dismissed. The adjudicating officer or any other officer is not to be proceeded against on the basis of the directions in the judgment.