IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8992 of 2008(U)
1. SMM STEEL RE-ROLLING MILLS PVT. LTD.,
... Petitioner
Vs
1. INTELLIGENCE OFFICER,
... Respondent
2. INSPECTING ASSISTANT COMMISSIONER
3. KAYPEE METALS AND ALLOYS PVT. LTD.,
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 8992 of 2008
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Dated: MARCH 17, 2008
JUDGMENT
Detention of the vehicle with the goods under Ext.P6 is under
challenge in this writ petition.
2. The irregularity noticed is the delay in departure from the
factory. Petitioner justifies the delay referring to Exts.P4 and P2.
Now that an enquiry into the irregularity noticed in Ext.P6 is held by
the authorities concerned, I do not think it correct for this court to
express anything on the merits of the contentions raised.
3. However, in view of the nature of the irregularity
mentioned in Ext.P6 and also taking into account the fact that the
petitioner is a registered dealer, I do not think it necessary to
continue the detention of the vehicle and the goods mentioned in
Ext.P6.
4. Therefore, without prejudice to the rights of the
respondents to continue the enquiry pursuant to Ext.P6, I direct that
on production of a copy of this judgment and on the petitioner
WP(C) 8992/08
Page numbers
executing a bond without sureties, the consignment and the vehicle
detained as per Ext.P6 will be released to the petitioner.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
mt/-