2007 CRI. L. J. 614 ::(2006) 4 Ker LT 965 ::2006 (3) Ker LJ 742 ::ILR(ker) 2006 (4) KER 943

Kerala High Court

Hon'ble Judge(s): S. Siri Jagan , J

Kerala Abkari Act (1 of 1077) , S.67B, S.65, S.34— Confiscation of vehicle - Allegation that there was transport of contraband liquor in vehicle - Vehicle involved was not actually used for carrying contraband liquor - But for allowing culprits to escape from scene of occurrence - Expression 'conveyance used in carrying the same'in Ss. 65 and 67-B of Abkari Act makes it clear that those conveyances which have been used in carrying contraband liquor and articles only are liable to be confiscated - Giving wider meaning to these words to mean 'used in connection with the commission of an offence under Act'would be contrary to intention of Legislature - Confiscation of vehicle on alleged ground of abetting transport of contraband liquor - Improper. 1981 Ker LT 366 and 1999 (2) Ker LT 490 Disting. (Para 11 14 15 17)