Writ petition by vehicle owner challenging seizure of goods carriage for alleged toddy transport violation. Court permitted written objection before confiscation order.
Permission to file written objection before authorized officer; directed to consider objection in final orders on confiscation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 WP(CRL.) NO. 35 OF 2023
AGAINST THE ORDER/JUDGMENTOTHERS 188/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHITTUR
OTHERS 188/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
CHITTUR
PETITIONER/S:
GOPALAKRISHNAN AGED 62 YEARS S/O VELAN THEYYAN, RESIDING AT PLAVINGAL HOUSE" OZHIVUPARA, PALLASSANA.P.O., CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678505 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR GENTLE C.D. SINDHU CHERIYAN SUBYMOL K.J.
RESPONDENT/S:
1 COMMISSIONER OF EXCISE PUBLIC OFFICES BUILDING, THIRUVANANTHAPURAM-, PIN - 695001 2 CIRCLE INSPECTOR OF EXCISE CIVIL STATION KACHERIMEDU CHITTUR, PALAKKAD DISTRICT, PIN - 678101 3 DEPUTY COMMISSIONER OF EXCISE CIVIL STATION, PALAKKAD, PIN - 678001
OTHER PRESENT:
PP M.C.ASHI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
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W.P(Crl) No.35 of 2023
ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 20th day of July, 2023
The petitioner is the owner of a goods carriage bearing registration No.KL70-D-0272. The vehicle is issued with an Inter-Range Toddy Transport Permit, for transporting 250 litres of coconut toddy from the limits of toddy shop Nos.37, 78, 59/2122 in Group No.IX, XII of Chittur Range to toddy shop bearing No.11/21-22 in Group No.XII of Kollengode Range in Palakkad Division.
W.P(Crl) No.35 of 2023
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The writ petition is hence disposed of permitting the petitioner to file a written objection before the authorised officer and directing the officer to consider the objection while passing final orders on the proceedings for confiscation. Needless to say, the final order shall be passed as expeditiously as possible.
V.G.ARUN, JUDGE
smm
W.P(Crl) No.35 of 2023
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APPENDIX OF WP(CRL.) 35/2023
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF A REGISTRATION |
|---|---|
| CERTIFICATE RELATING TO VEHICLE NO.KL-70-D-0272 |
|
| Exhibit P2 | A TRUE COPY OF THE INTER RANGE TODDY TRANSPORT PERMIT DATED 30.09.2021 ISSUED BY THE 3RD RESPONDENT |
| Exhibit P3 | A TRUE COPY OF THE CRIME OCCURRENCE |
| REPORT PREPARED BY THE 2ND | |
| RESPONDENT IN CONNECTION WITH CRIME NO.188/2021 OF CHITTUR EXCISE RANGE, ON 31.12.2021 |
|
| Exhibit P4 | A TRUE COPY OF THE MAHAZAR DATED |
| 31.12.2021 PREPARED BY THE |
|
| AUTHORIZED OFFICER IN CONNECTION | |
| WITH CRIME NO. 188/2021 OF CHITTUR EXCISE RANGE |
|
| Exhibit P5 | A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.01.2022 ISSUED BY THE 3RD |
| RESPONDENT IN THE NAME OF THE PETITIONER |
|
| Exhibit P6 | A TRUE COPY OF THE ORDER DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT |
Colour shows how this judgement treated each authority
Nazeer M.P v. State of Kerala and othersReferred¶24
Nazeer M.P v. State of Kerala and others [2021(6) KHC 752]
GOPALAKRISHNAN
COMMISSIONER OF EXCISE
CIRCLE INSPECTOR OF EXCISE
DEPUTY COMMISSIONER OF EXCISE
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
