The petitioner is the registered owner of a Hero Honda Glamour motor cycle bearing registration No.KL-23 F 2806. Alleging that it was used for the commission of an offence under Section 55(a)(i) of the Kerala Abkari Act Crime No.114 of 2014 was registered at Oachira Police Station. The vehicle was intercepted and seized on 22.1.2014. In view of the submissions made by the learned Government Pleader, on instructions, I do not think it necessary to deal with the claims and contentions any further. It is submitted by the learned Government Pleader that the third respondent has produced the seized vehicle before the Excise Range Officer, Karunagappally. The learned counsel for the petitioner submitted that it should have been produced before the second respondent. The learned Government Pleader submitted that the same was handed over to the Excise Range Officer, Karunagappally for the purpose of producing it before the competent Abkari Officer viz., the second respondent. In the light of the aforesaid position, this writ petition is disposed of leaving the petitioner at liberty to move the second respondent with an application WP(C).No.12395/2014 2 for temporary release of the vehicle in question subject to further orders in accordance with the provisions under the Abkari Act. Needless to say that in case the petitioner submits such an application before the second respondent he shall consider the same and pass appropriate orders thereon in accordance with law within a period of three weeks from the date of submission of such application.
Sd/-
C.T.RAVIKUMAR Judge TKS