AJI KUMAR Vs. ASST EXCISE COMMISSIONER

JUDGEMENT

(1.) Petitioner is the registered owner of an autorikshaw. It was involved in Crime No. 21 of 1998. Vehicle was seized by the Excise Preventive Officer on 20.4.1998 after having found that the said vehicle was used for transport of illicit spirit. Driver and two other persons were arrested, and the vehicle was taken into custody. Crime was registered against the passenger and the driver for offences punishable under S.55(a) of the Act.

(2.) Petitioner submitted an application for release of the vehicle. Since no action has been taken, he filed O.P. No. 10178 of 1998 which was disposed of by this Court directing the excise authorities to take a decision on the petitioner's application. Accordingly, the excise authorities assessed the value of the vehicle through a Mechanical Engineer (Excise) and value was fixed at Rs. 34.500/-. Petition was directed to deposit the said amount for release of the vehicle. Petitioner is aggrieved by the said order, and has approached this Court.

(3.) Main contention raised by counsel for the petitioner is that the Excise Department ought to have released the vehicle, without insisting cash deposit. Counsel submitted that petitioner is willing to furnish security by way of immovable property. According to counsel insistence of cash deposit is illegal and irregular. Counsel submitted that the vehicle is under hypothecation. The income derived from the autorikshaw is his sole livelihood. Therefore, if the vehicle is not released, he will be put to considerable prejudice. He has got a further contention that the owner of the vehicle is in no way involved in the offence, and no charge has been laid against him under S.55 of the Kerala Abkari Act.