Petitioner sought to set aside confiscation of his vehicle following his acquittal in a related criminal case. The Court held that confiscation proceedings are independent of criminal prosecution and dismissed the writ petition.
The petition seeking to set aside the confiscation order of the vehicle was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934
WP(C).No. 17356 of 2008 (N)
PETITIONER:
JOHN ALIAS VARGHESE,AGED 55 YEARS, S/O ULAHANNAN, VALIYAKAROTTU HOUSE, KALLELIMEDU KUTTAMPUZHA, KOTHAMANGALAM.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, EXCISE DEPARTMENT, SECRETARIT THIRUVANANTHAPURAM.
2. ADDITIONAL EXCISE COMMISSIONER, THIRUVANANTHAPURAM
3. ASSISTANT EXCISE COMMISSIONER, ERNAKULAM.
4. EXCISE INSPECTOR, KOTHAMANGALAM.
BY GOVERNMENT PLEADER SRI.SEREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 17356 of 2008 (N)
APPENDIX
----------
PETITIONER'S EXHIBITS
EXT.P1. OPY OF THE JUDGMENT DATED 5.1.2007 IN S.C. N0.189/2006 OF THE ADDITIONAL SESSIONS COURT (ADHOC-II), ERNAKULAM.
EXT.P2. COPY OF THE ORDER NO.E7-8841/03 OF THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM DATED 29.6.2007.
EXT.P3. COPY OF THE ORDER DT. 16.4.2008 ISSUED BY THE 2ND RESPONDENT.
EXT.P4. COPY OF THE NOTICE DATED 27.4.2008 SERVED ON THE PETITIONER ON 2.6.2008 BY THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM.
RESPONDENT'S EXHIBITS: NIL
/ TRUE COPY /
P.A. TO JUDGE
VK
ANTONY DOMINIC, J. ================ W.P.(C) NO. 17356 OF 2008 ===================
Dated this the 8th day of August, 2012
J U D G M E N T
Petitioner is the registered owner of a Mahindra Jeep bearing Regn.No.KL-7 H 6042. The vehicle was involved in Crime No.63/03 registered under the Abkari Act, which was charge sheeted as SC No.18/2006 on the file of the Additional Sessions Corut (Adhoc-II), Ernakulam. Meantime, proceedings under Section 67B were initiated and the matter ended in the confiscation of the vehicle. Later by Ext.P1, the petitioner was acquitted of the criminal case.
WPC.No.17356/08
:2 :
In view of the position as above, there is no merit in the writ petition. Writ petition is therefore dismissed.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether confiscation of a vehicle under Section 67B of the Abkari Act is illegal after the owner's acquittal in the related criminal case.
Colour shows how this judgement treated each authority
Shankaran v. Addl. Excise CommissionerExplained¶34
Shankaran v. Addl. Excise Commissioner (2010(3) KLT 63)
1 provisions across 1 enactments
JOHN ALIAS VARGHESE
STATE OF KERALA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
