COMMISSIONER OF EXCISE Vs. SANKARAN K

JUDGEMENT

(1.) The State is in appeal before us challenging the judgment of the learned Single Judge in WP(C) No.10251/2012 wherein a vehicle ordered to be confiscated under Section 67B of the Abkari Act (Act 1 of 1077) was ordered to be released forthwith to the petitioner.

(2.) The facts in brief are that a tanker lorry bearing Regn.No.MH-04/CU-9631,belonging to the petitioner was allegedly transporting licenced spirit to a concern in Thrissur. On 31.10.2009, the Station House Officer of Koratty Police Station found the vehicle parked beside the highway and found some persons, including the driver, siphoning spirit from the tanker lorry into plastic cans. The driver escaped. The persons who were involved, were apprehended and the vehicle seized. Crime No.796/2009 was registered under Section 55(a) of the Abkari Act against them.

(3.) The writ petitioner, who was the owner of the vehicle, filed an application before the third respondent for release of the vehicle belonging to him. It is contended by him that even without affording an opportunity of being heard, Ext.P5 order was passed by the third respondent confiscating the vehicle under Section 67B of the Abkari Act and in lieu of the confiscation, he was directed to deposit a sum of Rs. 7 lakhs. The petitioner challenged Ext.P5 order before the second respondent, but the appeal was dismissed vide Ext.P6. But the amount to be deposited to get the vehicle released was re-assessed at Rs. 4,50,000/-. The order was communicated to the petitioner vide Ext.P7. It is challenging Exts.P6 and P7 that the Writ Petition was filed.