2016 (12) TMI 306

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....NT : SPL. GOVERNMENT PLEADER SRI. P.SANTHOSH KUMAR JUDGMENT Ext.P1 order passed by the third respondent under Section 67B of the Abkari Act (the Act) by which a vehicle of the petitioner has been confiscated, and Ext.P3 order, by which Ext.P1 order has been confirmed by the second respondent, are under challenge in this writ petition. 2. The short facts relevant for decision of the writ p....

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.... as also the learned Government Pleader. 4. The explanation offered by the wife of the petitioner on behalf of the petitioner to the show cause notice issued prior to the order of confiscation is not part of the records. However, it is seen from Ext.P1 order that the explanation was that the brother of the petitioner had represented to the wife of the petitioner that the vehicle is required for....

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....e his child to the hospital and that the offence has been committed without the knowledge of the petitioner or his wife. Even if it is taken that the said case set up by the petitioner is correct, according to me, the same cannot be accepted as a ground to interfere with the orders impugned in the writ petition. Section 67C(2) of the Act which is relevant in the context reads thus: "Without pre....

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....e satisfaction of the authorised officer that it was used for commission of an offence without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the vehicle and that each of them had taken all reasonable and necessary precautions against such use. In other words, the scheme of the statute is that if the owner of the vehicle is unable to establish that....