EXCISE INSPECTOR AND OTHERS Vs. P. RAVICHANDRAN

JUDGEMENT

(1.) Aggrieved by the judgment of the learned Single Judge in W.P.(C) No. 9196/2013 quashing Ext.P10 order of the Excise Commissioner directing confiscation of a stage carriage belonging to the respondent herein under Section 67F of the Kerala Abkari Act ('The Act', for short), the Excise Department is in Appeal before us.

(2.) The Writ Petition was filed by the respondent, who is operating a stage carriage from Thrissur to Kozhikode. On 22-03-2012 when the vehicle reached Thrissur Sakthan Thampuran Bus Stand on completion of the trip, the Excise officials recovered 57 bottles of foreign liquor concealed in the luggage cabin of the bus. The key to the luggage cabin was recovered from the conductor, who was also found in possession of Rs. 400/- alleged to be the remuneration received by him for transporting the contraband article. Crime 19/12 was registered by the Excise Range Thrissur for offence punishable under sections 55(a) and 58 of the Act. The conductor of the Bus was arraigned as an accused.

(3.) Ext.P4 notice was issued by the Deputy Excise Commissioner under Section 67B. Ext.P5 reply was submitted by the respondent. Disregarding the reply, the vehicle was ordered to be confiscated vide Ext.P6 order. Aggrieved by Ext.P6 order, the respondent challenged it before the Additional Excise Commissioner under Section 67E of the Act. After considering the objections raised by the respondent, the proceedings initiated to confiscate the vehicle was dropped as per Ext.P8 order.