Shiji M.R vs The Intelligence Inspector on 28 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28943 of 2007(U)


1. SHIJI M.R.,
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE INSPECTOR,
                       ...       Respondent

2. THE COMMISSIONER OF COMMERCIAL TAXES,

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/09/2007

 O R D E R
                     ANTONY DOMINIC, J.
                    ===============
                  W.P.(C) NO. 28943 OF 2007
                ====================

         Dated this the 28th day of September, 2007

                        J U D G M E N T

Petitioner is aggrieved by Ext.P6, by which the goods have

been detained. Learned counsel for the writ petitioner takes

strong exception to the reasons mentioned in Ext.P6 for

detention. I have gone through the reasons assigned in Ext.P6.

At this stage, I do not wish to get into merits of the controversy

raised. But at the same time the goods cannot be allowed to be

detained pending enquiry in pursuance to Ext.P6. Therefore the

appropriate order that could be passed at this stage is only to

direct release of the goods covered by Ext.P6, on the petitioner

furnishing a bond. Thereafter the authority will be entitled to

continue the enquiry as provided for in the statute. It is also

directed that for the purpose of a proper adjudication of the

WPC 28943/07
: 2 :

issue, a mahazar will be prepared and sample also should be

drawn and kept.

With these directions, the writ petition is disposed of.

ANTONY DOMINIC, JUDGE.

Rp