M/S Siemens Limited vs The Intelligence Inspector on 19 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2470 of 2008()


1. M/S SIEMENS LIMITED, K.G.OXFORD BUSINESS
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :19/12/2008

 O R D E R
           J.B.KOSHY, Ag.CJ & THOMAS P.JOSEPH, J.
               ================================
                      W.A.No.2470 of 2008
                ===============================
          Dated this the 19th day of December, 2008.

                         J U D G M E N T

KOSHY, Ag.CJ.

Appellant/petitioner transported machinery. It was

detained as delivery note, Form 15, had not accompanied the

consignment. According to the appellant/petitioner, machinery

was transported only for demonstration. That contention was not

prima facie accepted by the authorities. Adjudication is still

pending. Rs.22,00,000/- was demanded as security deposit for

releasing the vehicle pending adjudication. In these

circumstances, we direct that if the appellant/petitioner deposits

1/3 of the amount demanded and furnishes bond for the balance

amount, the machinery shall be released to the

appellant/petitioner subject to the result of the adjudication.

Writ appeal is disposed of accordingly.

J.B.KOSHY, ACTING CHIEF JUSTICE

THOMAS P.JOSEPH, JUDGE
bkn/-