Babu vs the Excise Commissioner

BABU vs The Excise Commissioner

Type Court Judgment Court Kerala Decided Oct 31, 2019

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https://sooperkanoon.com/case/1874765

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Citation: sooperkanoon.com/1874765
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Oct 31, 2019
Case Number: WP(C)/6021/2019

Parties & Advocates

Appellant / Petitioner

BABU

Respondent

The Excise Commissioner

Excerpt

.....an interim order directing thejudicial first class magistrate court-ii, cherthala to file a report before this court in regard to the cash deposit. it is stated before this court that deposit was received as cash security and it can be released either to the deputy commissioner of excise or to the petitioner.in the light of the fact that the petitioner is prepared to pay the value of the vehicle in lieu of confiscation, it is appropriate to direct the judicial first class magistrate court-ii, cherthala to transmit the amount of rs.40,000/- to the excise department in the head of account 0039-150-98 (fine and confiscation). this shall be done within a period of two weeks. the judicial first class magistrate court-ii, cherthala shall issue necessary order releasing the amount to the above head ofw.p.(c) no.6021/2019 3 account. on deposit of the amount as above, the 3 rd respondent shall pass appropriate orders releasing the vehicle on payment of the value of the vehicle in lieu of confiscation.this writ petition is disposed of as above. sd/- a.muhamed mustaque judge smp w.p.(c) no.6021/2019 4 appendix petitioner's exhibits: exhibit p1 true copy of the occurrence report in crime no 125/17 of kuthiathode excise range. exhibit p2 true copy of the order dated 5.12.2017 in cmp no 9395/17 of the jfmc-11 cherthala exhibit p3 true copy of the receipt dated 22.1.2018 evidencing the payment of rs 40,000/ by the petitioner exhibit p4 true copy of the reply dated 25.11.2017 submitted by the petitioner to the 3rd exhibit p5 true copy order no a6-6722/2017 dated 11.7.2018 issued by the 3rd respondent exhibit p6 true copy of the memorandum appeal no exhibit p7 true copy of the order no 79/apl/2018 dated 23.11.2018 issued by the 2nd respondent exhibit p8 true copy of the notice no a6-6722/2017 dated 28.1.2019 issued by the 3rd respondents' exhibits: nil. true copy p.s to judge smp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941 WP(C).No.6021 OF 2019(C) PETITIONER: BABU AGED 58 YEARS S/O APPUKUNJU, THEKKEKARAKKAI, EZHUPUNNA PANCHAYATH WARD-IV, ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA - 688 537. BY ADV. SRI.C.Y.VINOD KUMAR RESPONDENTS: 1 THE EXCISE COMMISSIONER VIKAS BHAVAN P.O. THIRUVANANTHAPURAM - 695 033. 2 THE ADDITIONAL EXCISE COMMISSIONER (ENFORCEMENT), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033. 3 THE DEPUTY EXCISE COMMISSIONER, EXCISE COMPLEX, IRUMBUPALAM P.O., ALAPPUZHA - 688 011. 4 THE EXCISE INSPECTOR, EXCISE RANGE OFFICER, KUTHIATHODE, ALAPPUZHA-683 594.

OTHER PRESENT: SRI.BIMAL K NATH, SENIOR GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.6021/2019 2

JUDGMENT

Dated this the 31st day of October 2019 This matter is related to confiscation of the vehicle belonged to the petitioner. The value of the vehicle was calculated at Rs.40,000/-. For interim custody of the vehicle, the petitioner deposited Rs.40,000/- before the Judicial First Class Magistrate Court-II, Cherthala.

2. This Court, on 04.10.2019, passed an interim order directing the

Judicial First Class Magistrate Court-II, Cherthala to file a report before this Court in regard to the cash deposit. It is stated before this Court that deposit was received as cash security and it can be released either to the Deputy Commissioner of Excise or to the petitioner.

In the light of the fact that the petitioner is prepared to pay the value of the vehicle in lieu of confiscation, it is appropriate to direct the Judicial First Class Magistrate Court-II, Cherthala to transmit the amount of Rs.40,000/- to the Excise Department in the head of account 0039-150-98 (Fine and confiscation). This shall be done within a period of two weeks. The Judicial First Class Magistrate Court-II, Cherthala shall issue necessary order releasing the amount to the above head of

W.P.(C) No.6021/2019 3 account. On deposit of the amount as above, the 3 rd respondent shall pass appropriate orders releasing the vehicle on payment of the value of the vehicle in lieu of confiscation.

This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.6021/2019 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO 125/17 OF KUTHIATHODE EXCISE RANGE. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 5.12.2017 IN CMP NO 9395/17 OF THE JFMC-11 CHERTHALA EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 22.1.2018 EVIDENCING THE PAYMENT OF RS 40,000/ BY THE PETITIONER EXHIBIT P4 TRUE COPY OF THE REPLY DATED 25.11.2017 SUBMITTED BY THE PETITIONER TO THE 3RD EXHIBIT P5 TRUE COPY ORDER NO A6-6722/2017 DATED 11.7.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE MEMORANDUM APPEAL NO EXHIBIT P7 TRUE COPY OF THE ORDER NO 79/APL/2018 DATED 23.11.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE NOTICE NO A6-6722/2017 DATED 28.1.2019 ISSUED BY THE 3RD RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp

Same Court & Year Kerala · 2019 Same Parties BABU vs The Excise Commissioner Same Judge Honourable Mr. Justice a.Muhamed Mustaque