ASSISTANT EXCISE COMMISSIONER Vs. K M RAMACHANDRAN

JUDGEMENT

(1.) W.P.(C).No.27132 of 2006 had been filed challenging Ext.P7 proceedings, whereby a vehicle belonging to the petitioner in the writ petition had been confiscated by the Assistant Excise Commissioner, Malapuram (Ist appellant herein), by virtue of powers conferred under Section 67 (B) of the Abkari Act. The vehicle, bearing registration No.KL-10/E- 8760, had been involved in an Abkari case (CR 41/99) of Excise Range Office, Nilambur, having been intercepted on 08-12-1999.

(2.) The petitioner had contended that although he is the registered owner of the vehicle, he was unaware of the fact that the vehicle on the day of incident was put to illegal use, situated as he was. Earlier, this Court had quashed the First Information Report as was lodged against him. Subsequently, there was confiscation proceedings, but the final order passed had been set aside in W.P.(C) .No.20688 of 2004. The officer concerned had thereupon passed fresh orders, whereby confiscation was once again ordered.

(3.) The learned Judge taking notice of the factual situations presented before him was of the opinion that it would not have been possible for a person situated like the petitioner to totally ensure that the vehicle entrusted with the custody of his employees are not put to misuse. He had limitations inherent in the business and excepting to subject the employees to disciplinary proceedings no coercive steps could have been taken by him. The learned Judge had therefore held that confiscation proceedings prescribed by the statute therefore should not have entailed on all fours in an instance of the above nature. In that view the proceedings have been set aside.