Allowed

James v. the Assistant Commissioner of Excise

Kerala HC14 Feb 2012WP(C)/3681/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction for the release of an Autorickshaw involved in an excise offence. The Court directed the Assistant Commissioner of Excise to consider the petitioner's application for interim custody as early as possible.

What did the court decide?

Direction to the 1st respondent to consider and pass appropriate orders on the Ext.P3 application for interim custody of the vehicle as early as possible, within 6 weeks.

James Vs the Assistant Commissioner of Excise — Cheque Dishonour | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 14TH DAY OF FEBRUARY 2012/25TH MAGHA 1933

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WP(C).No. 3681 of 2012 (I)

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PETITIONER:-

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JAMES, AGED 36 YEARS, S/O.ABRAHAM 8/115 (187) OF EAST ELERI GP, CHATHANKARAYIL HOUSE, P.O.KANNIVAYAL, PALAVAYAL VILLAGE, HOSDURG TALUK KASARAGOD DT.

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENTS:-

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1. THE ASSISTANT COMMISSIONER OF EXCISE,

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KASARAGOD-671 121.

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2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,

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DEPARTMENT OF EXCISE, GOVERNMENT OF KERALA,

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TRIVANDRUM-695 001.

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3. STATION HOUSE OFFICER,

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CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT,

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REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.

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BY GOVERNMENT PLEADER SRI.M.MUHAMMAD SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3681 of 2012 (I)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1:COPY OF THE NOICE ISSUED TO THE PETITIONER DATED 21.12.2011

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BY THE DEPUTY COMMISSIONER OF EXCISE.

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EXT.P2:COPY OF THE OBJECION WAS FILED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER OF EXCISE DATED 02.01.2012.

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EXT.P3:COPY OF THE PETITION FILED FOR GETTING AN INTERIM CUSTODY OF THE VEHICLE BY THE PETITIONER TO THE 1ST RESPONDENT DT.02.11.2011.

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RESPONDENT'S EXHIBITS:- NIL

//TRUE COPY//

PA TO JUDGE

C.K. ABDUL REHIM, J.

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W.P.(c) No. 3681 OF 2012-I

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DATED THIS THE 14^th DAY OF FEBRUARY, 2012

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J U D G M E N T

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Petitioner is seeking direction for release of an Autorickshaw bearing registration No.KL-60C-6834, which was involved in a crime registered for offences punishable under the Abkari Act, Crime No.314/2011 of Chattarikkal Police Station. The petitioner had submitted Ext.P3 application before the 1^st respondent seeking release of the vehicle under interim custody, pending finalisation of the proceedings for confiscation initiated under Section 67 of the Abkari Act.

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I take note of the provisions contained in Rule 4 (2) (a) and (b) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996. The power to grant interim custody of vehicles pending finalisation of the confiscation proceedings is vested with the 1^st respondent. Therefore, I am of the view that a direction for an early disposal of Ext.P3 will

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W.P.(c) No.3681/2012

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-2-

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suffice to meet the ends of justice.

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Therefore, the writ petition is disposed of directing the 1^st respondent to consider and pass appropriate orders on Ext.P3 application, if necessary after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of 6 weeks from the date of receipt of a copy of this judgment.

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Sd/- C.K. ABDUL REHIM, JUDGE.

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AMG

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True copy

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P.A to Judge

James v. the Assistant Commissioner of Excise

Case brief

What is this about?

What did the court decide?

James v. the Assistant Commissioner of Excise

Case brief

What is this about?

What did the court decide?

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