IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30815 of 2008(R)
1. ALEMBIC LIMITED, 40/1568A,CANONSHED ROAD
... Petitioner
Vs
1. COMMERCIAL TAX INSPECTOR,
... Respondent
2. ASSISTANT COMMISSIONER (ASST.),
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.VIJAYAN. K.U.
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :20/10/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 30815 OF 2008 R
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Dated this the 20th October, 2008
JUDGMENT
Petitioner is aggrieved by the order of detention vide
Ext.P6. It seeks a direction to the first respondent to release the
goods without security. Briefly put, the case of the petitioner is
as follows:
Petitioner manufactures and sells allopathic medicines.
Ext.P1 is a monthly return for September, 2008. Petitioner has
filed E-Return on 8.10.2008. According to petitioner, petitioner
Company sought to transfer some allopathic medicines to its
calcutta Branch. Ext.P2 is the true copy of the transfer memo.
Ext.P3 is the Delivery Note. The consignment to Calcutta has to
be supported by Way Bill in Form No.50 of the West Bengal
Value Added Tax Rules. Ext.P4 is such a Way Bill. Ext.P5 is
the Lorry Receipt and it is while so that the goods were detained
vide Ext.P6.
2. I heard the learned counsel for petitioner and the
WPC.30815/08 R 2
learned Government Pleader. I feel that the petitioner should be
permitted to represent the matter before the respondents for
release of the goods on executing self-bond. Accordingly, the
Writ Petition is disposed of as follows:
If the petitioner represents the matter before the first
respondent, the first respondent will consider and take a decision
on the same in accordance with law, after hearing the petitioner
also, within fortyeight hours of receipt of such application.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge