K SUBAIR Vs. ASST EXCISE COMMISSIONER

JUDGEMENT

(1.) A mini lorry driven by the petitioner, was intercepted and seized by an excise party on 16-11-2004, for illegal transport of 570 litres of spirit. The petitioner was arrested. Another escaped from the spot. A motor cycle, escorting that vehicle, was also seized. That motor cycle, admittedly, belongs to the petitioner, who is the first accused in the criminal case.

(2.) THE registration particulars available in the mini lorry with Tamil Nadu registration, turned out to be fake. None raised any claim for that mini lorry, nor objected to confiscation of that vehicle even in spite of public advertisement.

(3.) FOLLOWING the detailed investigation conducted by the Excise Inspector about the involvement of both the vehicles in the offence and after giving a reasonable opportunity of being heard, an order was passed confiscating both the vehicles to Government, in exercise of authority under Section 67b (2) of the Abkari Act 1 of 1077, hereinafter referred to as the "act". Pending such proceedings, the motor cycle was temporarily released to the petitioner, the registered owner, on deposit of its duly fixed market value.