The petitioner is the registered owner of the auto riskshaw bearing registration No. KL 14/N-1070. The said vehicle was seized alleging involvement in C.R.No.41/13 of Kumbala Excise Range registered for offences under sections 8(1) and 8(2) of the Abkari Act. The petitioner filed an application before the third respondent for the release of the vehicle in question. It is contending that no order have been passed thereon that this captioned writ petition has been filed. A statement has been filed on behalf of the third respondent. In the statement it is specifically stated that after the receipt of the said application dated 15.5.2014 the Mechanical Engineer of Excise Range conducted an inspection of the vehicle and fixed the market value of the vehicle as 75,000/-. Subsequently, the petitioner was served with Ext.R3(a) notice in the matter of its temporary release in terms of the provisions under Rule 4(2)(a) of the Kerala Abkari Shops (Disposal of Confiscated Articles) Rules, 1996. As per the same the petitioner was intimated that the market W.P.(C) No.13141 of 2014 2 value of the vehicle was fixed as 75,000/- and he was called upon to remit the said amount in case he is desirous to get the vehicle released temporarily. It is also stated therein that the confiscation proceedings initiated under section 67(b) is yet to be finalised. In the said circumstances that the learned counsel appearing for the petitioner submitted that the petitioner may be permitted to offer bank guarantee for the aforesaid amount of Rs.75,000/- instead of compelling the remittance of the said amount for the temporary release of the vehicle. Hearing the learned counsel for the petitioner and also the learned Government Pleader I am inclined to dispose of this writ petition permitting the petitioner to offer bank guarantee to the satisfaction of the third respondent for the value of the vehicle fixed as per Ext.R3(a). In case the petitioner furnished the bank guarantee and renew it from time to time for the aforesaid amount to the satisfaction of the third respondent, the third respondent shall release the vehicle in accordance with law and subject to the orders to be passed in the confiscation proceedings. This writ petition is disposed of, accordingly. Sd/-
C.T.RAVIKUMAR,JUDGE.
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