Petitioner is the registered owner of a motor vehicle bearing No.KL-49-E/1320 (TVS Wego). The said vehicle was seized in connection with crime No.86 of 2013 of Excise Range, Alathur alleging commission of offences punishable under section 13 read with section 63 of the Abkari Act. The allegation is that on 29.11.2013, at about 18.30 hours, the accused was found in possession of 3.75 litres of IMFL carried in a big shopper in the aforesaid vehicle. Subsequently, the petitioner was served with Ext.P1 show cause notice dated 18.12.2013. In fact, the petitioner was only asked to show cause as to why the said vehicle should not be confiscated under section 65 of the Abkari Act in connection with the commission of the aforementioned offence. In such circumstances, it cannot be said that any right of the petitioner has been infringed by the issuance of Ext.P1 notice. What has been done by the first respondent is to call upon the petitioner to show cause why the aforesaid vehicle should not be confiscated under section 65 of the Abkari Act. Obviously, as per Ext.P1, 15 days time was granted to the petitioner for the said purpose. At the same time, it is his case that in terms of Ext.P1, he entered appearance before the first respondent and his statement was recorded. The learned Government Pleader, on instructions, submitted that thereupon the petitioner was instructed to remit an amount of Rs.25,000/- fixed as the market value of the vehicle by the Mechanical Engineer. At the same time, it is evident that no such order was served on the petitioner. The precise contention of the petitioner is that the allegation against him is only one of commission of offence under section 13 read with section 63 of the Abkari Act. As noticed hereinbefore, no order confiscating the vehicle under section 65 of the Abkari Act was served on the petitioner. In such circumstances, without making any observation as to the merits of the contentions raised by the petitioner, this writ petition is disposed of with a direction to the first respondent to pass appropriate orders taking note of the explanation given by the petitioner in person and finalising the proceedings initiated as per Ext.P1. This shall be done within a period of one month from the date of receipt of copy of this judgment. After passing such an order, a copy of the same shall be served on the petitioner. If an order was already passed, a copy of the same shall be served on the petitioner within a period of one week from the date of receipt of copy of this judgment so as to enable the petitioner to work out his remedies in accordance with law, within a period of two weeks from the date of receipt of copy of this judgment.
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C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010