EXCISE INSPECTOR AND OTHERS Vs. P.B. BENSON

JUDGEMENT

(1.) Appellant is the State aggrieved by the judgment of a learned Single Judge of this Court directing release of the vehicle confiscated by orders under Section 67B of the Abkari Act [for brevity, the Act]. The brief facts to be noticed are that the vehicle having registration No. KL-04/V 2018 was detained for inspection and it was found that it contained more toddy than that was permitted. The toddy was admittedly being transported under a license,on the strength of Exts.P1 to P7 permits. Exts.P1 to P7 permits showed two vehicles having been permitted to transport toddy as per the license. The vehicle detained, had a valid permit, but contained an excess of 930 litres as is seen from Ext.P11 order. The explanation offered by the registered owner was that the other vehicle was also transporting toddy and both contained only the permitted quantity as per the respective permits. However, the other vehicle broke down and in such circumstances, the toddy transported in that vehicle was also transferred to the present vehicle. The toddy transported in the detained vehicle was accompanied by Exts.P1 to P3 permits; applicable only to that vehicle. It is also seen from Ext.P11 order of the Commissioner that there was 30 litres in excess of the quantity permitted even in the two vehicles.

(2.) The learned Single Judge noticed that the excess quantity was only 30 litres and finding that it is a minor offense, which would not require confiscation of the vehicle or enforcement of Bank guarantee provided of Rupees Five lakhs, directed release of vehicle.

(3.) The learned Government Pleader argues that Section 67B of the Act does not speak of a minor or major offense and the confiscation is for an offense detected. The learned Counsel appearing for the respondent would point out that the words employed in the provision specifically confers a discretion on the Officer, who proceeds under Section 67B of the Act. The exercise of discretion on well accepted principles would require the drastic measure of confiscation to be tested with reference to the gravity of the offense.